CRANDELL v. NEW YORK CITY TRANSIT AUTHORITY

4136, 17421/05.

81 A.D.3d 407 (2011)

915 N.Y.S.2d 553

LENORA CRANDELL, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and PARKCHESTER SOUTH CONDOMINIUM et al., Appellants.

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

Decided February 1, 2011.


The motion court correctly determined that issues of fact exist concerning the precise location of plaintiff's fall, either at or near a bus stop, thereby precluding a determination of whether appellants were responsible for maintaining the area of the sidewalk where the injury occurred (see Administrative Code of City of NY § 7-210).

We have considered appellants' remaining arguments, including that plaintiff's affidavit in opposition was inconsistent...

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