MORALES v. SHELTER EXPRESS CORPORATION


26 A.D.3d 420 (2006)

808 N.Y.S.2d 904

MARGARITA MORALES et al., Respondents, v. SHELTER EXPRESS CORPORATION et al., Respondents, CITY OF NEW YORK, Appellant, et al., Defendant.

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

February 21, 2006.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant City of New York, and the action against the remaining defendants is severed.

The plaintiffs do not allege that the City of New York created a defective condition in the glass of a bus shelter where an accident occurred. Thus, in order to establish a prima facie...

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