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BROUGH v. NEW YORK CITY TRANSIT AUTH.

216 A.D.2d 432 (1995)

628 N.Y.S.2d 537

Marie Brough, Respondent, v. New York City Transit Authority, Appellant

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

June 19, 1995

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

We agree with the Supreme Court that there remains an issue of fact as to whether the defendant owned, operated, maintained, or controlled the stairway where the plaintiff fell. Summary judgment was thus properly denied (see, Fortson v New York City Tr. Auth., 111 A.D.2d 58

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