Valladares v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Valladares v. New York City Transit Authority

208 A.D.2d 471, 617 N.Y.S.2d 642, 1994 N.Y. App. Div. LEXIS 10554

Appellate Division of the Supreme Court of the State of New York·Decided October 27, 1994·Published·Cited by 4 cases

Opinion

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about June 11, 1993, which granted defendant’s motion for summary judgment dismissing plaintiff’s complaint, unanimously affirmed, without costs.

Summary judgment was properly granted in light of defendant’s introduction of an easement agreement entered into between it and the owner of the stairway where plaintiff fell, together with affidavits from its own engineer, which indicate that defendant neither owned nor maintained the stairway in question. Plaintiff’s belated reliance upon Fortson v New York City Tr. Auth. (111 AD2d 58), claiming, for the first time on appeal, that the stairway’s sole purpose was for access to and from the subway system, may not be considered (Recovery Consultants v Shih-Hsieh, 141 AD2d 272, 276). Concur—Carro, J. P., Rosenberger, Ellerin, Nardelli and Tom, JJ.

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Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about June 11, 1993, which granted defendant’s motion for summary judgment dismissing plaintiff’s complaint, unanimously affirmed, without costs.

Summary judgment was properly granted in light of defendant’s introduction of an easement agreement entered into between it and the owner of the stairway where plaintiff fell, together with affidavits from its own engineer, which indicate that defendant neither owned nor maintained the stairway in question. Plaintiff’s belated reliance upon Fortson v New York City Tr. Auth. (111 AD2d 58), claiming, for the first time on appeal, that the stairway’s sole purpose was for access to and from the subway system, may not be considered (Recovery Consultants v Shih-Hsieh, 141 AD2d 272, 276). Concur—Carro, J. P., Rosenberger, Ellerin, Nardelli and Tom, JJ.

Valladares v. New York City Transit Authority, 208 A.D.2d 471, 617 N.Y.S.2d 642, 1994 N.Y. App. Div. LEXIS 10554 (N.Y. Ct. App. 1994).

Pincite

208 A.D.2d 471 (Valladares v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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