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  Premises Liability/Personal Injury

Johnson v. Traco Industrial Corp. v. New York City Transit Authority, New York Supreme Court, New York County, involved a claim by Thomas Johnson to recover for personal injuries allegedly sustained when he tripped and fell in a parking lot owned by Traco. At the time of the incident, the Transit Authority was permitted to park buses in the lot pursuant to a Permit to Enter Property.

Plaintiff, a Transit Authority bus dispatcher, alleged that, while walking through the lot checking buses, he stepped in a hole or depression, causing his knee to buckle, resulting in an injury to his knee. Traco moved for summary judgment arguing that plaintiff could not prove the hole was a defective condition and that Traco did not have notice of the alleged condition. In addition, Traco moved for summary judgment against the Transit Authority seeking contractual indemnity pursuant to the terms of the Permit to Enter Property. The court granted Traco’s motion in all respects, dismissing plaintiff’s complaint and granting Traco indemnity for defense costs incurred in the action.