Irving Malawer v New York City Transit Authority

Malawer v New York City Tr. Auth. 2006 NY Slip Op 01250 [6 NY3d 800] February 21, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 19, 2006

[*1] Irving Malawer, Respondent,
v
New York City Transit Authority et al., Appellants.

Decided February 21, 2006

Malawer v New York City Tr. Auth., 18 AD3d 293, affirmed.

APPEARANCES OF COUNSEL

Steve S. Efron, New York City (Renee L. Cyr of counsel), for appellants.

John J. Appell, New York City, for respondent.

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.