From Casetext: Smarter Legal Research

Gall v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1996
223 A.D.2d 622 (N.Y. App. Div. 1996)

Opinion

January 22, 1996

Appeal from the Supreme Court, Richmond County (Amann, J.).


Ordered that the order is affirmed, with costs.

The injured plaintiff slipped and fell on a patch of snow on the sidewalk of Castleton Avenue in Staten Island. As a result, she injured her leg on a three-to-four-inch stump of a pole that was protruding from the sidewalk. The plaintiffs commenced this action against, inter alia, the New York City Transit Authority (hereinafter the NYCTA) alleging that the stump was the remnant of a bus-stop sign.

The NYCTA owed no duty to the injured plaintiff. Even if the stump was the remnant of a bus-stop sign, the responsibility to maintain bus stops within the City of New York, including the sidewalks and curbs attendant thereto, rests with the City of New York or the owner or lessee of the abutting property (see, Coppersmith v City of New York, 194 A.D.2d 586; Gold v City of New York, 141 A.D.2d 502; see also, Brown v New York City Tr. Auth., 172 A.D.2d 178). We reject the plaintiffs' contention that the NYCTA could be held liable under the theory that it put the area in question to a special use (see generally, D'Ambrosio v City of New York, 55 N.Y.2d 454). The NYCTA was not the owner of the abutting property, nor did it derive a special benefit from the alleged bus-stop sign (see, New York City Charter § 2903 [a] [2]). Finally, there is no allegation or proof that the NYTCA created the condition that caused the injured plaintiff's injuries (cf., Dursi v New York City Tr. Auth., 198 A.D.2d 470). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.


Summaries of

Gall v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1996
223 A.D.2d 622 (N.Y. App. Div. 1996)
Case details for

Gall v. City of New York

Case Details

Full title:NANCY GALL et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 22, 1996

Citations

223 A.D.2d 622 (N.Y. App. Div. 1996)
636 N.Y.S.2d 837

Citing Cases

Tanzer v. City of N.Y

In February 2006 the NYCTA moved, inter alia, for summary judgment dismissing the complaint insofar as…

Towbin v. City of New York

Plaintiff seeks to recover for injuries allegedly sustained when she fell on ice that had formed in a…