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CIVIDANES v. CITY OF NEW YORK

No. 230 SSM 28.

20 N.Y.3d 925 (2012)

981 N.E.2d 281

957 N.Y.S.2d 685

2012 NY Slip Op 8174

KENDRA CIVIDANES, Respondent, v. CITY OF NEW YORK, Defendant, and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants.

Court of Appeals of New York.

Decided November 29, 2012.

Attorney(s) appearing for the Case

Lawrence A. Silver , Brooklyn, and Wallace D. Gossett , for appellants.

Burns & Harris, New York City ( Blake G. Goldfarb of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur; Judge PIGOTT dissents in an opinion in which Judge SMITH concurs.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Plaintiff Kendra Cividanes testified at a General Municipal Law § 50-h hearing that she injured her left ankle when she "stepped off the last step into a hole and fell" as she exited the rear of a bus owned and operated by defendants New York City...

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