MILLER v. FERNAN


134 A.D.2d 837 (1987)

Gary Miller, Respondent, v. David Fernan et al., Respondents, and William Rebmann et al., Appellants

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

November 10, 1987


Order reversed on the law without costs and motion granted.

Memorandum:

Special Term erred in denying the summary judgment motion of defendants Niagara Frontier Transit Metro System, Inc. and its bus driver William Rebmann. Plaintiff, upon request, was allowed to alight from the bus at an unscheduled stop. He then proceeded to leave a place of safety to cross the street in front of the bus and was struck by an oncoming vehicle. The defendants' action at most...

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