Lesser v. Manhattan & Bronx Surface Transit Operating Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
This is an action for negligence growing out of the plaintiffs fall on the steps of a bus as he was getting off during a snowstorm. Because the trial court permitted the introduction into evidence and consideration by the jury of an operation manual used by the defendant and because the court failed to give an adequate charge on constructive notice, we reverse, and direct a new trial.
The 81-year-old plaintiff broke his left leg when he slipped and fell to the ground while descending the stairs of a 42nd Street cross-town bus operated by the defendant. The accident…
2Cases cited10 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Lewis v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1984
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Crosland v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Valentine v. City of New YorkNew York Court of Appeals · 1982
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3Cited by38 opinions
- Curley v. AMR Corp.Court of Appeals for the Second Circuit · 1998
- Adams v. New York City Transit AuthorityNew York Court of Appeals · 1996
- Galapo v. City of New YorkNew York Court of Appeals · 2000
- Ferris v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1992
- Clarke v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
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