Legal Opinion
Duncan v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1999PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about March 2, 1998, which, in an action for personal injuries sustained in a fall in a subway car, insofar as appealed from, granted defendant Transit Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The action was properly dismissed in the absence of evidence that defendant had actual or constructive notice of the puddle in the subway car that caused plaintiff to slip and fall as she exited. Since the storm was ongoing, “the accumulation could have occurred as a…
2Cases cited5 opinions
- Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
- Lesser v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Fishman v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1992
- Alatief v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Low v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Hussein v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Spooner v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Marte v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
- Morazzani v. MTA New York City TransitAppellate Division of the Supreme Court of the State of New York · 2009
- Cohen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
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