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N.Y.C. Tr. Auth. v. 4761 Broadway Assocs.

NYCTA's Summary Judgment Motion Premature as Discovery Needed on Abandonment Issues

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DECISION & ORDER

*1The motion for summary judgment by plaintiff New York City Transit Authority (“NYCTA”) is denied. BackgroundThis action arises out of a dispute concerning maintenance and upkeep responsibilities for the Dyckman Street subway station (served by the A train). In 1926, the City of New York entered into an agreement with the property owner of the premises located at 4761-79 Broadway in which both parties agreed to have entrances to this subway stop located within the building rather than on the sidewalk.This agreement, which was recorded, required the owner to build two entrances and two stairways (referred to as the “Approach” in the agreement) with the City’s approval. The agreement also provided that “The Owner at its own cost and expense, shall maintain the Approach, after the same shall have been put in operation, and shall keep the same open at all hours of the day and night, Sundays and holidays included for the use of passengers…and shall keep all parts of the Approach at all times free from obstructions and in thorough order and repair and in a thoroughly clean, dry, safe and suitable condition for the use of such passengers” (NYSCEF Doc. No. 68, Article 5). The agreement further provided that “All grants, covenants

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