Giamboi v. New York City Transit Authority

OPINION OF THE COURT

Memorandum.

Order unanimously reversed, without costs, motion for summary judgment granted and complaint dismissed.

In this negligence action for personal injuries plaintiff, Mary Giamboi, was waiting at a bus stop when she was struck by a beer bottle thrown from an elevated subway structure. It is conceded by the defendant for the purpose of this motion that it had notice of prior incidents whereby individuals threw debris down from the elevated subway platform onto people entering or exiting from the train or onto people in the street below. It is also conceded that the…