Legal Opinion
King v. Manhattan & Bronx Surface Transit Operating Authority
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 2007Published
1Opinion of the Court
Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered January 9, 2006, which denied the motion by the Transit Authority defendants for summary judgment dismissing the complaint, unanimously affirmed, without costs.
It is well settled that a common carrier owes a duty to its passengers to stop at a place where they may safely disembark and leave the area (Miller v Fernán, 73 NY2d 844 [1988]; Hickey v Manhattan & Bronx Surface Tr. Operating Auth., 163 AD2d 262 [1990]). Here, it is undisputed that plaintiff was discharged in an unsafe location, at a bus stop that was closed due to…
2Cases cited5 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Kush v. City of BuffaloNew York Court of Appeals · 1983
- Miller v. FernanNew York Court of Appeals · 1988
- Hickey v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Diaz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006