Legal Opinion
de Peña v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1997PublishedCited by 18 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered June 6, 1995, insofar as it denied defendant’s cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, the cross motion is granted, and the complaint dismissed, without costs.
On a June evening in 1991, plaintiff de Peña’s decedent, along with plaintiff Berrios and three other boys, all 13 years of age, embarked upon an excursion to view a large graffiti mural located in a subway tunnel about midway between the 190th and 200th (Dyckman) Street stations on Manhattan’s upper West Side.…
2Cases cited4 opinions
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Smith v. StarkNew York Court of Appeals · 1986
- Wright v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
- Tillmon v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by18 opinions
- Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- M.B. v. CSX Transportation, Inc.District Court, N.D. New York · 2015
- Gustin v. Association of Camps Farthest Out, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Brown v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 2003
- Lynch v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
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