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BLYE v. MANHATTAN & BRONX

124 A.D.2d 106 (1987)

Mimi Blye, Respondent-Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant-Respondent, and City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 10, 1987

Attorney(s) appearing for the Case

Lawrence Heisler of counsel (Anthony J. Bellito and John A. Murray with him on the brief; William E. Rosa, attorney), for appellant-respondent.

Stephen R. Krawitz of counsel (Mangiatordi & Corpina, attorneys), for respondent-appellant.

Fay Leoussis of counsel (Leonard Koerner with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondent.

SANDLER, J. P., and KASSAL, J., concur with CARRO, J.; FEIN and ELLERIN, JJ., dissent in an opinion by ELLERIN, J.

CARRO, J.

At issue is the scope of the duty of care owed by a bus operator to prospective passengers. While keeping in mind that factors such as the vehicle's proximity to a hazardous condition and the foreseeability and seriousness of any harm such a hazard could produce will be critical in determining whether in any particular case a breach of duty has occurred, we hold that a bus operator's duty of care to...

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