Weiters v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, *510J.), entered October 19, 2011, which denied defendant MTA Bus Company’s (MTA) motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff was injured when she tripped and fell on an allegedly defective roadway condition in the vicinity of a bus stop. Plaintiff asserts that MTA created the condition by its operation of buses on the subject roadway. MTA established its…