Echevarria v. New York City Transit Authority

In Echevarria v. New York City Transit Authority (45 AD3d 492 [1st Dept 2007]), the Appellate Division, First Department ruled that a trial court correctly instructed a jury that the NYCTA had a duty under Administrative Code 16-123 to remove snow and ice from an exterior landing, notwithstanding Public Authorities Law 1266 (8). The Appellate Division, First Department reasoned that New York City's local law requiring snow and ice removal was applicable to the NYCTA because "defendant was acting in a proprietary rather than governmental capacity, and its maintenance of the landing does not conflict or interfere with its governmental function or purpose " (Echevarria, 45 AD3d at 492.)