Blye v. Manhattan & Bronx Surface Transit Operating Authority

While we are all in agreement that defendant Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) was under a duty to provide the prospective passenger, Ms. Blye, with a reasonably safe place from which to board the bus, I cannot acquiesce in the majority’s finding that the defendant here cannot be found negligent because it properly fulfilled that duty as a matter of law. On the contrary, based on the record before us, that issue is a question of fact which the trial court properly submitted to the jury, together with the issues of proximate cause and contributory negligence,…