New York City Transit Authority, et al. vs. Irving Malawer, No. 67 SSM 3 (N.Y. 2006)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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1 No. 67 SSM 3

Irving Malawer, Respondent, v. New York City Transit Authority, et al., Appellants.

Submitted by Renee L. Cyr, for appellants.

Submitted by John J. Appell, for respondent.

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.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

Decided February 21, 2006

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