Legal Opinion

Talavera v. New York City Transit Authority

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

Decided June 7, 2007PublishedCited by 17 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered April 24, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

On January 30, 2001, plaintiff slipped and fell while ascending a set of interior stairs inside the “E” train subway station located at 53rd Street and Fifth Avenue. Despite acknowledging that “[fit was raining like crazy that day,” plaintiff testified at his General Municipal Law § 50-h hearing and pretrial deposition that the…

2Cases cited8 opinions

  1. Solazzo v. New York City Transit AuthorityNew York Court of Appeals · 2005
  2. Weisenthal v. PickmanAppellate Division of the Supreme Court of the State of New York · 1989
  3. O'Connor-Miele v. Barhite & Holzinger, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Colt v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1994
  5. Hussein v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by17 opinions

  1. Black v. Kohl's Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Bush v. Mechanicville Warehouse Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Harrison v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
  4. Mazerbo v. MurphyAppellate Division of the Supreme Court of the State of New York · 2008
  5. Reyes v. Latin Am. Pentecostal Church of God Inc.Appellate Division of the Supreme Court of the State of New York · 2020

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