Legal Opinion
Sutin v. Manhattan & Bronx Surface Transit Operating Authority
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2008PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Donna M. Mills, J.), entered on or about June 22, 2007, which, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
A triable issue of fact exists as to whether defendant breached its duty to plaintiff to stop the bus at a place from which she could safely disembark and leave the area since the parties offer conflicting accounts regarding the positioning of the bus in relation to the curb when it came to a stop (see Malawer v New York City Tr. Auth., 6 NY3d 800 [2006], affg 18 AD3d 293 [2005]).…
2Cases cited3 opinions
- Mahase v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Barksdale v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
- Malawer v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by8 opinions
- Cambio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Toolsie v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Cambio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Covington v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
- Rodriguez v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2013
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