Defendant-appellant New York City Transit Authority proffered sufficient evidence that it was merely a common user and did not own, maintain, or control the area in dispute which was a foyer area near the top of a staircase. Summary judgment was warranted since plaintiff failed to demonstrate that the subject area's sole function was to provide access to defendant's subway station (Pena v New York City Tr. Auth.,
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CERON v. CITY OF NEW YORK
277 A.D.2d 7 (2000)
715 N.Y.S.2d 400
ROSSY CERON, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 2, 2000.
Decided November 2, 2000.
Appellate Division of the Supreme Court of the State of New York, First Department.
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