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ARTEAGA v. CITY OF NEW YORK

8755, 400514/11.

101 A.D.3d 454 (2012)

956 N.Y.S.2d 9

2012 NY Slip Op 8434

MARIA GIOMAR ARTEAGA, Appellant, v. CITY OF NEW YORK, Respondent.

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

December 6, 2012.

Plaintiff served a timely notice of claim on defendant City alleging that she was injured when she slipped and fell on a platform in a subway station. The motion court correctly granted defendant's motion since it demonstrated that the subway station is leased to the NYCTA, and it is an out-of-possession landlord and not liable for negligence on the part of NYCTA (see McGuire v City of New York, 211 A.D.2d 428 [1st Dept 1995]). There...

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