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COLEMAN v. CITY OF NEW YORK

91 N.Y.2d 821 (1997)

689 N.E.2d 523

666 N.Y.S.2d 553

James Coleman, Respondent, v. City of New York, Defendant and Third-Party Plaintiff-Appellant, and New York City Transit Authority, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1997.

Attorney(s) appearing for the Case

Lawrence A. Silver, Brooklyn, and Wallace D. Gossett for third-party defendant-appellant.

Paul A. Crotty, Corporation Counsel of New York City (Francis F. Caputo and Leonard Koerner of counsel), for defendant and third-party plaintiff-appellant.

Dinkes & Morelli, New York City (William Dinkes and Laurie DiPreta of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, a structure maintainer for appellant New York City Transit Authority, was injured while performing repair work when he fell through a canopy attached to an elevated train station located in Brooklyn that was owned by appellant City of New York. He commenced an action against the City, alleging, among other things, violations...

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