Raines v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered January 30, 2013, which denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs. Order, same court and Justice, entered August 28, 2013, which, upon reargument, adhered to the original determination, unanimously dismissed, without costs, as academic.

Triable issues of fact exist as to whether defendants-appellants breached their duty to provide plaintiff with a safe place to exit from the Access-A-Ride bus. In particular, there are triable issues of fact as to whether the driver knew…