Yung Yung Tsuai Lerner v. City of New Rochelle

Appellate Division of the Supreme Court of New York

Yung Yung Tsuai Lerner v. City of New Rochelle

181 A.D.2d 867, 581 N.Y.S.2d 417, 1992 N.Y. App. Div. LEXIS 4965

Appellate Division of the Supreme Court of the State of New York·Decided March 30, 1992·Published·Cited by 1 cases

Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the [868] Supreme Court, Westchester County (Ruskin, J.), entered April 24, 1990, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The defendant City of New Rochelle owns the property at the train station where the plaintiffs accident allegedly occurred. However, by deed dated January 26, 1973, the Metropolitan Transportation Authority is solely responsible for the owners’ obligations to maintain that area. Accordingly, the Supreme Court properly granted the City’s motion for summary judgment dismissing the complaint (see, e.g., Lafleur v Power Test Realty Co., 159 AD2d 691). Sullivan, J. P., Rosenblatt, Miller and Santucci, JJ., concur.

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— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the [868] Supreme Court, Westchester County (Ruskin, J.), entered April 24, 1990, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The defendant City of New Rochelle owns the property at the train station where the plaintiffs accident allegedly occurred. However, by deed dated January 26, 1973, the Metropolitan Transportation Authority is solely responsible for the owners’ obligations to maintain that area. Accordingly, the Supreme Court properly granted the City’s motion for summary judgment dismissing the complaint (see, e.g., Lafleur v Power Test Realty Co., 159 AD2d 691). Sullivan, J. P., Rosenblatt, Miller and Santucci, JJ., concur.

Yung Yung Tsuai Lerner v. City of New Rochelle, 181 A.D.2d 867, 581 N.Y.S.2d 417, 1992 N.Y. App. Div. LEXIS 4965 (N.Y. Ct. App. 1992).

Pincite

181 A.D.2d 867 (Yung Yung Tsuai Lerner v. City of New Rochelle) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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