`NYSCEF DOC. NO. 19
`
`INDEX NO. 805672/2021E
`
`RECEIVED NYSCEF: 12/06/2021
`
`User Name: Fiona McFarland
`Date and Time: Monday, December 6, 2021 10:12:00 AM EST
`Job Number: 159266457
`
`Document (1)
`
`1. Antonia Quezada, -against- City of NY, et. al., 2021 N.Y. Misc. LEXIS 5707
`Client/Matter: -None-
`Search Terms: 2021 N.Y. Misc. LEXIS 5707
`Search Type: Natural Language
`Narrowed by:
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`
`Fiona McFarland
`
`
`
`FILED: BRONX COUNTY CLERK 12/06/2021 04:51 PM
`NYSCEF DOC. NO. 19
`
`INDEX NO. 805672/2021E
`
`RECEIVED NYSCEF: 12/06/2021
`
`No Shepard’s Signal™
`As of: December 6, 2021 3:12 PM Z
`
`Antonia Quezada, -against- City of NY, et. al.
`
`Supreme Court of New York, Bronx County
`
`May 10, 2021, Decided; May 13, 2021, Filed
`
`Index No. 9003/17
`
`Reporter
`2021 N.Y. Misc. LEXIS 5707 *
`
`Antonia Quezada, -against- City of NY, et. al.
`
`Notice: THIS OPINION IS UNCORRECTED AND WILL
`NOT BE PUBLISHED IN THE PRINTED OFFICIAL
`REPORTS.
`
`Core Terms
`
`Transit, grate, leased, summary judgment, facilities
`
`Judges: [*1] Hon. Mitchell J. Danziger, Justice Supreme
`Court.
`
`Opinion by: Mitchell J. Danziger
`
`Opinion
`
`Upon the foregoing papers, it is ordered that this motion
`is
`
`Motion by defendant, City of New York ("City), for an
`order pursuant to CPLR §3212 granting summary
`judgment in favor of the City, is granted.
`
`This action stems from a trip and fall accident wherein
`plaintiff's foot got caught in a hole in a grate, which
`caused her to fall and sustain injury. Both plaintiff and
`the City agree that defendant, New York City Transit
`Authority ("NYCTA") is responsible to maintain the
`grate. Defendant, NYCTA, admits
`that
`they are
`
`responsible for the grate and exclusive control of the
`grate was transferred to them pursuant to a lease
`agreement between the City and NYCTA. NYCTA does
`not oppose the City's motion.
`
`The City has met it's prima facie burden of entitlement to
`summary judgment. Plaintiff fails to raise a question of
`fact in opposition. The City cannot be sued by persons
`injured by allegedly dangerous conditions on property
`leased to the Transit Authority as they are an out-of-
`possession landlord. (Santiago v. City of New York 137
`A.D.3.d 455 [1st Dept. 2016]). Per the 1953 Master
`Lease, all Transit facilities and property incidental or
`necessary for the operation of such transit facilities
`are [*2] leased to the Transit Authority from the City. As
`the City is not responsible for the grate, the City's
`motion is granted and the Court need not consider the
`City's prior written notice argument.
`
`This constitutes the decision and order of the Court.
`
`Dated: 5/10/21
`
`Hon. /s/ Mitchell J. Danziger
`
`Mitchell J. Danziger, JSC
`
`End of Document
`
`Fiona McFarland
`
`
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