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MALAWER v. NEW YORK CITY TRANSIT AUTHORITY

6 N.Y.3d 800 (2006)

845 N.E.2d 1268

812 N.Y.S.2d 438

IRVING MALAWER, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Court of Appeals of the State of New York.

Decided February 21, 2006.

Attorney(s) appearing for the Case

Steve S. Efron, New York City (Renee L. Cyr of counsel), for appellants.

John J. Appell, New York City, for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Defendants owed a duty to plaintiff to stop at a place from which plaintiff could safely disembark and leave the area (see Miller v Fernan, 73 N.Y.2d 844, 846 [1988]). A triable issue of fact exists whether defendants breached that duty.

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