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ST. GERMAIN v. SEAMAN

Index No. 158114/15, Appeal No. 16136-16137-16138, Case Nos. 2021-02084, 2021-02085, 2021-02086, 2021-02087.

206 A.D.3d 502 (2022)

168 N.Y.S.3d 314

2022 NY Slip Op 03979

Adelquine St. Germain, Respondent, v. Rebecca Seaman, Also Known as Rebecca Diane Colin, et al., Respondents, and New York City Transit Authority, Appellant, et al., Defendants.

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

Decided June 16, 2022.

Attorney(s) appearing for the Case

Anna J. Erovolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen of counsel), for Adelquine St. Germain, respondent.

Quirk & Bakalor, P.C., Garden City ( Loretta A. Redmond of counsel), for Rebecca Seaman and Eva Usdan & Samuel Flug Colin 2004 Legacy Trust, respondents.

Ahmuty, Demers & McManus, Albertson ( Nicholas M. Vevante of counsel), for HSBC Bank USA, National Association, respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.

In areas that serve primarily for ingress and egress to a subway or other similar station that is served by a single carrier, the carrier must maintain such an area (and the evidence shows it had done so in the past), even if the area is owned and maintained by another, so long as the area is constantly and notoriously used by its passengers as a means of approach (see Bingham v New York City Tr. Auth., 8 N.Y.3d 176, 180-181 [2007...

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