WOODARD v. CITY OF NEW YORK


262 A.D.2d 405 (1999)

692 N.Y.S.2d 407

CARLIE WOODARD et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided June 7, 1999.


Ordered that the order is affirmed, with one bill of costs.

Contrary to the plaintiffs' contention, the Supreme Court properly granted the motion of the New York City Transit Authority (hereinafter the NYCTA) for summary judgment dismissing the complaint. The NYCTA had no general duty to maintain or repair the City roadway situated beneath its elevated train station, and the plaintiffs offered only speculation to support their belief that the defect in the roadway...

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