Legal Opinion

Marcelle v. New York City Transit Authority

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

Decided December 24, 2001PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Bruno, J.), dated October 18, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to summary judgment dismissing the complaint as the plaintiffs’ deposition testimony failed to show that there was an unsafe condition on the stairs which was created by the defendant or of which it had actual or constructive notice (see, Marku v…

2Cases cited5 opinions

  1. Phillips v. Bronx Lebanon HospitalAppellate Division of the Supreme Court of the State of New York · 2000
  2. Prunty v. Keltie's Bum SteerAppellate Division of the Supreme Court of the State of New York · 1990
  3. Buziashvili v. RyanAppellate Division of the Supreme Court of the State of New York · 1999
  4. Nieves v. ISS Cleaning Services Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Marku v. 33 S & P Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by14 opinions

  1. Joseph v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
  2. Stancil v. Supermarkets GeneralAppellate Division of the Supreme Court of the State of New York · 2005
  3. Karwowski v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
  4. Wilson v. PrazzaAppellate Division of the Supreme Court of the State of New York · 2003
  5. Graziano v. 110 Sand Co.Appellate Division of the Supreme Court of the State of New York · 2008

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