Archer v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered August 10, 2004, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Defendant’s bus stopped in advance of a bus stop to let passengers off, two to three feet from the curb at the intersection of 145th Street and Eighth Avenue. Plaintiff stepped down from the rear exit of the bus into a pothole and fell, injuring her ankle.

Defendant moved for summary judgment on the ground that it did not own or…