Crandell v. New York City Transit Authority

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 24, 2009, which, in an action for personal injuries allegedly sustained when plaintiff tripped and fell stepping into a hole in the sidewalk as she disembarked from a bus, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

The motion court correctly determined that issues of fact exist concerning the precise location of plaintiffs fall, either at or near a bus stop, thereby precluding a determination of whether appellants were…