AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

AUDREY H. EISEN, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Because it was dark at the time of the occurrence, questions of fact exist as to whether defendant provided plaintiff with a reasonably safe place to alight ( compare, Blye v. Manhattan Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, aff'd 72 N.Y.2d 888; Diedrick v. City of New York, 162 A.D.2d 496; Otonoga v. City of New York, 234 A.D.2d 592). Defendants, as proponents of a summary judgment motion, failed to meet their burden of tendering evidentiary proof in admissible form sufficient to establish their entitlement to judgment as a matter of law by demonstrating, inter alia, that an alternative safe path was available and that plaintiff knowingly chose a hazardous path ( see, Connolly v. Rogers, 195 A.D.2d 649, 651).

Concur — Lerner, P.J., Sullivan, Rosenberger, Ellerin and Rubin, JJ.

Use AI to get other relevant cases.

Comments

EISEN v. CITY OF NEW YORK
(Oct 20, 1998)