Legal Opinion

Mahautiere v. New York City Transit Authority

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

Decided June 18, 2014Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Gavrin, J.), dated May 17, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained as a result of the defendant’s alleged failure to provide adequate air conditioning on a subway line operated by the defendant, on which the plaintiff was a passenger.

A party moving for summary judgment has…

2Cases cited4 opinions

  1. Heard v. City of New YorkNew York Court of Appeals · 1993
  2. Malpeli v. YennaAppellate Division of the Supreme Court of the State of New York · 2011
  3. Sutherland v. WhylieAppellate Division of the Supreme Court of the State of New York · 2002
  4. Wright v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2003

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