Legal Opinion

Pena v. New York City Transit Authority

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

Decided February 21, 2008PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Kibbe F. Payne, J.), entered December 14, 2006, dismissing the complaint, unanimously affirmed, without costs.

The trial court properly directed a verdict in favor of defendant at the close of plaintiffs case in this action where plaintiff was injured when she fell as she descended a tiled ramp in defendant’s subway station during the course of an ongoing snowstorm, as it is unreasonable to require defendant to keep the floors of its station dry during the course of the inclement weather (see Hussein v New York City Tr. Auth., 266 AD2d 146 [1999]). Nor…

2Cases cited5 opinions

  1. Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
  2. Hussein v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
  3. Henry L. Fox Co. v. SleicherAppellate Division of the Supreme Court of the State of New York · 1992
  4. Genevit Creations, Inc. v. Gueits Adams & Co.Appellate Division of the Supreme Court of the State of New York · 2003
  5. In THE MATTER OF CONGREGATION GATES OF PRAYER OF FAR ROCKAWAY, INC. v. City of New YorkNew York Court of Appeals · 2004

3Cited by3 opinions

  1. Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
  2. in the New York Coordinated Proceeding v. Bausch & LombAppellate Division of the Supreme Court of the State of New York · 2011
  3. Norton v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2012

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