In Corsino v. New York City Transit Authority , Cordelia Corsino brought an action to recover damages for personal injuries she incurred after tripping and falling on an exposed drag line in the 14th Street subway station.*
The Transit Authority (TA) was renovating the station and part of that project required a subcontractor to install a "communications system that included the running of conduit and drag lines for the southbound 8th Avenue platform." The drag line that triggered Corsino's accident was allegedly left strewn across the platform.
The TA, along with its contractors, moved for summary judgment, arguing that they neither created nor had notice of the condition. The New York County Supreme Court denied the motion finding that "the Transit Authority retained a non-delegable duty to maintain the subway station in a reasonably safe condition, and that questions of fact existed as to the adequacy of its precautions in safeguarding the area."
When the TA appealed, the Appellate Division, First Department, reversed the lower court's decision and dismissed the case. The AD1 concluded that there was no evidence that the TA (or any of the named defendants) created the allegedly hazardous condition, and "[i]n fact the credible evidence support[ed] the conclusion that the drag wire was pulled out of the conduits by vandals" without the TA's knowledge.
The AD1 was unpersuaded by the argument that the TA should have taken precautions to ensure that such "malicious" conduct would not occur.
What a drag!
For a copy of the Appellate Division's decision please use this link: Corsino v. New York City Transit Authority
*A drag line is used by contractors to pull wires through conduits to the location of an installation.