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PENA v. NEW YORK CITY TRANSIT AUTH.

237 A.D.2d 150 (1997)

655 N.Y.S.2d 357

Hector M. Pena et al., Appellants, v. New York City Transit Authority, Respondent

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

March 13, 1997

Summary judgment was properly granted because defendant had no duty to maintain the premises where the accident occurred. There is no merit to plaintiffs' contention that the subject stairway's sole function was to provide access to defendant's subway station. The record establishes that the stairway was used in common by the stores in the passageway (compare, Garcia v Arbern Realty Co., 89 A.D.2d 616, with Haberlin...

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