Legal Opinion
Malawer v. New York City Transit Authority
New York Court of Appeals
Decided February 21, 2006PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Defendants owed a duty to plaintiff to stop at a place from which plaintiff could safely disembark and leave the area (see Miller v Fernan, 73 NY2d 844, 846 [1988]). A triable issue of fact exists whether defendants breached that duty.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22…
2Cases cited1 opinion
- Miller v. FernanNew York Court of Appeals · 1988
3Cited by13 opinions
- Kadymir v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Garcia-Martinez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Cividanes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Kearns v. Adirondack Trailways, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Diaz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
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