In Niyazov, et. ano. v. MTA, et. al., index no. 721015/2020, the plaintiff alleged he was caused to trip and fall on a defective top landing/sidewalk flag of the stairs leading down to the subway. The top landing/sidewalk flag abutted the premises owned and operated by our clients, 100 Queens Blvd. Associates and Cain Management II, Inc. (the tenant operating Dunkin’ Donuts). Justice Lancman of Supreme Court, Queens County granted our clients’ summary judgment motion dismissing the plaintiff’s Complaint and all cross-claims by the Metropolitan Transportation Authority (“MTA”) and New York City Transit Authority (“NYCTA”).
On behalf of our clients, we argued that they are not liable because the MTA and NYCTA exercised exclusive ownership, maintenance and control over the specific landing where the fall occurred. In support of the motion, we annexed the testimony from Transit Authority witnesses and floor plans identifying the area as part of the subway station. Furthermore, Transit’s own Service Call Reports indicated that they performed concrete repairs on this exact landing in 2017 and 2018, whereas our clients had never repaired or maintained the area, which was supported through affidavits by the clients’ representatives. We further argued that, under the landmark case Bingham v. New York City Tr. Auth., 8 N.Y.3d 176 (2007), a carrier must maintain safe approaches that are “constantly and notoriously used” by its passengers, even if the area is technically owned by another party. Moreover, we argued that under McGuire v. City of New York, 211 A.D.2d 428 (1st Dept 1995), that locations incidental to or necessary for subway operations fall under the NYCTA’s responsibility. Lastly, because the NYCTA assumed a “course of conduct” by actively inspecting and repairing the landing, our clients justifiably relied on them to maintain the area. The Court found that our clients made a prima facie showing entitlement to summary judgment and that the MTA and NYCTA failed to raise a triable issue of material fact.