Forminio v. City of New York

*925As the plaintiff was alighting from a bus owned and operated by the defendant New York City Transit Authority (hereinafter the appellant), she tripped and fell, allegedly as a result of an elevation differential between the curb and an adjacent plot of dirt. After issue was joined in the present action, the appellant moved, inter alia, for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.

“A common carrier owes a duty to an alighting passenger to stop at a place where the passenger may safely disembark and leave the area” (Miller v Fernan, 73 NY2d…