Legal Opinion

Ibrahim v. New York City Transit Authority

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

Decided April 24, 2013Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Gavrin, J.), dated February 16, 2012, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

Contrary to the defendants’ contention, in support of their motion for summary judgment dismissing the complaint, they failed to demonstrate, prima facie, that they did not owe a duty to the plaintiff (see Blair v Brooklyn, Queens County & Suburban R.R. Co., 141 App Div 843 [1910]; cf. McDonough v Third Ave. R.R.…

2Cases cited5 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Daly v. KochanowiczAppellate Division of the Supreme Court of the State of New York · 2009
  3. McDonough v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  4. McDonnell v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  5. Blair v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1910

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