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JOHNSON v. NEW YORK CITY TRANSIT AUTHORITY

301 A.D.2d 431 (2003)

752 N.Y.S.2d 876

BERTHA JOHNSON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendant.

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

Decided January 16, 2003.

Assuming the building owners cannot be held liable unless the awning constituted a significant structural defect, an issue of fact exists in that regard raised by the location of the awning relative to the subway steps (see Abreu v Nokit Realty Corp., 288 A.D.2d 26). Issues of fact also exist as to, inter alia, whether the puddle on the steps was caused by water dripping from the awning and whether defendants had notice of the alleged...

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