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PANTAZIS v. CITY OF NEW YORK

211 A.D.2d 427 (1995)

621 N.Y.S.2d 57

Alexandra Pantazis, Respondent, v. City of New York, Respondent, and New York City Transit Authority, Appellant

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

January 10, 1995

The Supreme Court erred in denying defendant's motion for summary judgment since the plaintiff failed to raise a triable issue of fact (Zuckerman v City of New York, 49 N.Y.2d 557). The Transit Authority cannot be held liable for injuries caused by the dangerous or defective condition of the City sidewalk because it does not own, maintain, operate or control the public streets and sidewalks (NY City Charter § 383), and it therefore...

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