Malawer v. New York City Transit Authority, 6 N.Y.3d 800

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 NYCRR 500.11), order affirmed, etc.

Case Details

Case Name: Malawer v. New York City Transit Authority

Court Name: New York Court of Appeals

Date Published: Feb 21, 2006

Citations: 6 N.Y.3d 800; 845 N.E.2d 1268; 812 N.Y.S.2d 438

Court Abbreviation: N.Y.