Legal Opinion · Dissent

Dwyer v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1963Published

1Dissent

McNally, J. (dissenting).

Plaintiff, was nonsuited at the close of her case in this action for personal injuries. ¡She slipped and fell on an icy safety island designated by the city as a bus stop and sustained a fracture of the left femur.

On January 9, 1956 plaintiff was passenger on a bus operated by the Transit Authority. Plaintiff boarded the bus at the intersection of 2nd Avenue *903and 20th Street, Borough of Manhattan, and was proceeding to her place of business at 50 Church Street. Plaintiff was discharged at the last stop which is a safety island designated as a bus stop by the city.

The…

2Cases cited6 opinions

  1. Williams v. . City of New YorkNew York Court of Appeals · 1915
  2. Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
  3. Keener v. TiltonNew York Court of Appeals · 1940
  4. McGuire v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1905
  5. Carr v. City of New YorkNew York Court of Appeals · 1939

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