Legal Opinion

Clinger v. New York City Transit Authority

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

Decided August 11, 1994PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.

On March 20, 1991, plaintiff-respondent, an Administrative Assistant, left work from an office located on 40th Street in Manhattan to return to her residence in Ridgewood, New Jersey. Plaintiff, who was 22 years old at the time, entered the subway at approximately 5:10 p.m. via the stairway located at 40th Street and Sixth Avenue, began walking south, and entered a six-block-long pedestrian tunnel (known as the Sixth-Avenue Tunnel) which leads to the 34th Street PATH station.

As plaintiff proceeded approximately two blocks into the tunnel past the staircase which…

2Cases cited10 opinions

  1. Glanzer v. . ShepardNew York Court of Appeals · 1922
  2. Miller v. State of New YorkNew York Court of Appeals · 1984
  3. Kush v. City of BuffaloNew York Court of Appeals · 1983
  4. Schuster v. City of New YorkNew York Court of Appeals · 1958
  5. Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982

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3Cited by3 opinions

  1. Rozhik v. 1600 Ocean Parkway AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
  2. Genao v. Bd. of Educ. of City of New YorkDistrict Court, S.D. New York · 1995
  3. Zambrana v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

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