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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
CourtNew York Court of Appeals
DecidedFebruary 21, 2006
StatusPublished
Cited by13 cases

This text of 845 N.E.2d 1268 (Malawer v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
845 N.E.2d 1268, 6 N.Y.3d 800, 812 N.Y.S.2d 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malawer-v-new-york-city-transit-authority-ny-2006.