Legal Opinion
Kearns v. Adirondack Trailways, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2009PublishedCited by 2 opinions
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Connolly, J.), entered December 27, 2007 in Ulster County, which denied defendants’ motion for summary judgment dismissing the complaint.
Plaintiff commenced this action alleging that she was injured while alighting from a bus owned by defendant Adirondack Trailways, Inc. and driven by defendant James Troeger. Defendants appeal from Supreme Court’s denial of their motion for summary judgment dismissing the complaint. Because questions of fact exist regarding defendants’ negligence, we affirm.
“A common carrier owes a duty to an alighting passenger to…
2Cases cited7 opinions
- Miller v. FernanNew York Court of Appeals · 1988
- Malawer v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Connolly v. RogersAppellate Division of the Supreme Court of the State of New York · 1993
- Malawer v. New York City Transit AuthorityNew York Court of Appeals · 2006
- Trainer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lans v. FarnamAppellate Division of the Supreme Court of the State of New York · 2025
- Lans v. FarnamAppellate Division of the Supreme Court of the State of New York · 2025