Toolsie v. New York City Transit Authority

Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered on or about February 8, 2008, which, in an action for personal injuries, granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

Elaintiff was injured when she twisted her ankle and fell while disembarking a bus owned and operated by defendant Transit Authority. The record demonstrates that a triable issue of fact exists regarding whether, by stopping the bus several *477feet from the curb, defendant breached its…