FONTANA v. FALIDES ASSOCS.


202 A.D.2d 631 (1994)

609 N.Y.S.2d 640

Gaetano Fontana, Respondent, v. Falides Associates, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff sustained personal injuries when he was assaulted and robbed while on a staircase approaching a subway station in Queens, New York. The subject staircase constitutes part of an easement providing access to the subway, which traverses premises owned by the defendant Falides Associates (hereinafter Falides). The indenture memorializing the easement requires Falides to take "every...

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