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

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

DecidedMarch 30, 1992

StatusPublished

Cited by1 cases

This text of 181 A.D.2d 867 (Yung Yung Tsuai Lerner v. City of New Rochelle) 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.

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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).

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Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the [868]*868Supreme 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]*868Supreme 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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181 A.D.2d 867, 581 N.Y.S.2d 417, 1992 N.Y. App. Div. LEXIS 4965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yung-yung-tsuai-lerner-v-city-of-new-rochelle-nyappdiv-1992.

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