Caliendo v. Spero

Appellate Division of the Supreme Court of New York

Caliendo v. Spero

125 A.D.2d 520, 509 N.Y.S.2d 424, 1986 N.Y. App. Div. LEXIS 62825

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 1986

StatusPublished

This text of 125 A.D.2d 520 (Caliendo v. Spero) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caliendo v. Spero, 125 A.D.2d 520, 509 N.Y.S.2d 424, 1986 N.Y. App. Div. LEXIS 62825 (N.Y. Ct. App. 1986).

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Opinion

— In consolidated actions to recover damages for wrongful death and conscious pain and suffering, the defendant New York City Transit Authority (hereinafter the TA) appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rader, J.), dated January 13, 1986, as denied its motion for summary judgment dismissing the complaints as against it.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Special Term properly denied the TA’s motion for summary judgment. There exist material questions of fact with respect to the plaintiffs’ contention that the TA was responsible for the maintenance of the surface street tracks allegedly contributing to the death of plaintiffs’ decedents. Moreover, there also remain questions of fact as to whether the elevated subway tracks above the location of the accident caused an unreasonably dangerous condition on the road below. It is undisputed that the TA owned and controlled these overhead tracks. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.

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— In consolidated actions to recover damages for wrongful death and conscious pain and suffering, the defendant New York City Transit Authority (hereinafter the TA) appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Rader, J.), dated January 13, 1986, as denied its motion for summary judgment dismissing the complaints as against it.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Special Term properly denied the TA’s motion for summary judgment. There exist material questions of fact with respect to the plaintiffs’ contention that the TA was responsible for the maintenance of the surface street tracks allegedly contributing to the death of plaintiffs’ decedents. Moreover, there also remain questions of fact as to whether the elevated subway tracks above the location of the accident caused an unreasonably dangerous condition on the road below. It is undisputed that the TA owned and controlled these overhead tracks. Weinstein, J. P., Rubin, Kooper and Sullivan, JJ., concur.

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Bluebook (online)

125 A.D.2d 520, 509 N.Y.S.2d 424, 1986 N.Y. App. Div. LEXIS 62825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caliendo-v-spero-nyappdiv-1986.