Ina J. Bingham v. New York City Transit Authority

Summary

The New York Court of Appeals reversed the Appellate Division and denied the defendants' motion for summary judgment, holding that the transit authority owed a duty to keep the stairway safe despite not owning it because it is constantly used for subway access. The Court also held that it could not consider a new legal argument abandoning the longstanding Schlessinger rule because the issue was not preserved in the lower courts.