Legal Opinion

Ausderan v. City of New York

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

Decided September 28, 1995PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Salvador Collazo, J.), entered on or about June 21, 1994, which *563denied defendant New York City Transit Authority’s motion for summary judgment, unanimously affirmed, without costs.

A common carrier "is under a duty to provide a prospective passenger with a reasonably safe, direct entrance onto the vehicle, clear of any dangerous obstruction or defect which would impede that entrance” (Blye v Manhattan & Bronx Surface Tr. Operating Auth., 124 AD2d 106, 111, affd 72 NY2d 888). A breach of this duty can depend on whether the carrier did anything to "compel…

2Cases cited7 opinions

  1. D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
  2. Blye v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
  3. Blye v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1988
  4. MacKenzie v. . Union Railway Company of New York CityNew York Court of Appeals · 1904
  5. Giaccotto v. New York City Transit AuthorityNew York Supreme Court · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Posner v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  2. Weiskopf v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
  3. Gross v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
  4. Dobrowolski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  5. Nicholas-Ambriano v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1999

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API