Legal Opinion
Arteaga v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2012PublishedCited by 8 opinions
1Opinion of the Court
Plaintiff served a timely notice of claim on defendant City alleging that she was injured when she slipped and fell on a platform in a subway station. The motion court correctly granted defendant’s motion since it demonstrated that the subway station is leased to the NYCTA, and it is an out-of-possession landlord and not liable for negligence on the part of NYCTA (see McGuire v City of New York, 211 AD2d 428 [1st Dept 1995]). There is no prohibition against moving for summary judgment based on an unpleaded defense where the opposing party is not taken by surprise and does not suffer prejudice…
2Cases cited4 opinions
- Pierson v. City of New YorkNew York Court of Appeals · 1982
- Rosario v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Singleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- Neil v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by8 opinions
- Matthew Adam Props., Inc. v. The United House of Prayer for All People of the Church on the Rock of the Apostolic FaithAppellate Division of the Supreme Court of the State of New York · 2015
- Brill & Meisel v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- Farrulla v. Happy Care Ambulette Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Brill & Meisel v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
- Cunningham v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2025
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