Legal Opinion

Musto v. City of New York

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

Decided August 21, 2000Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated September 14, 1999, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

A common carrier owes a duty to an exiting passenger to stop at a place where the passenger may safely disembark and leave the area (see, Miller v Fernan, 73 NY2d 844; Jenkins v New York City Tr. Auth., 262 AD2d 455; Kelleher v F.M.E. Auto Leasing…

2Cases cited3 opinions

  1. Miller v. FernanNew York Court of Appeals · 1988
  2. Kelleher v. F.M.E. Auto Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Jenkins v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1999

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