Culmone v. New York City Transit Authority

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Hinds-Radix, J.), dated May 31, 2006, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff Josephine Culmone (hereinafter the plaintiff) was boarding a New York City bus operated by the defendant agency when the bus driver allegedly ordered the passenger ahead of her to get off the bus. As that…