Legal Opinion
Mattera v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 1991PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Posner, J.), dated July 17, 1989, which, after a nonjury trial, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
The plaintiffs decedent, an employee of the New York City Transit Authority, was killed by a subway train as he was descending a catwalk ladder 50 feet inside the subway tunnel. The City of New York relinquished possession and control of the subway system when it leased the property to the New York City Transit Authority. Since it…
2Cases cited2 opinions
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Hecht v. Vanderbilt AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by5 opinions
- D'Avila v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
- Genco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Sarata v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
- McGuire v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Santiago v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016