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Malawer v. New York City Transit Authority

845 N.E.2d 1268, 6 N.Y.3d 800, 812 N.Y.S.2d 438
New York Court of Appeals·Decided February 21, 2006·Published·Cited by 13 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Defendants owed a duty to plaintiff to stop at a place from which plaintiff could safely disembark and leave the area (see Miller v Fernan, 73 NY2d 844, 846 [1988]). A triable issue of fact exists whether defendants breached that duty.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

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Malawer v. New York City Transit Authority, 845 N.E.2d 1268, 6 N.Y.3d 800, 812 N.Y.S.2d 438 (N.Y. 2006).

845 N.E.2d 1268 (Malawer v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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