SHALLER v. CITY OF NEW YORK


41 A.D.3d 697 (2007)

839 N.Y.S.2d 766

HAROLD SHALLER et al., Respondents, 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, Second Department.

Decided June 19, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint insofar as asserted against the defendant New York City Transit Authority is granted.

The injured plaintiff allegedly tripped and fell on a raised and mounded section of a roadway used for a bus stop in Brooklyn. The plaintiffs commenced this action alleging negligence against the City of New York and the New York City Transit...

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