WAI YONG v. CITY OF NEW YORK


41 A.D.3d 212 (2007)

841 N.Y.S.2d 3

SEW WAI YONG, Appellant, v. CITY OF NEW YORK et al., Defendants, and METROPOLITAN TRANSPORTATION AUTHORITY, Respondent.

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

Decided June 14, 2007.


"Liability for a dangerous condition on property may only be predicated upon occupancy, ownership, control or special use of such premises" (Gibbs v Port Auth. of N.Y., 17 A.D.3d 252, 254 [2005]). Under an agreement between the parties, Amtrak leased the subject premises, including the escalator where plaintiff purportedly fell, to the Long Island Railroad (LIRR). The plain language of...

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