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MILLER v. FERNAN

73 N.Y.2d 844 (1988)

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

Court of Appeals of the State of New York.

Decided December 22, 1988.

Attorney(s) appearing for the Case

John P. Cox and Jane C. Hettrick for defendants-appellants.

Neil E. Garvey for plaintiff-appellant.

Linda L. Kaumeyer for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendants-respondents' motion for summary judgment denied.

A common carrier owes a duty to an alighting passenger to stop at a place where the passenger may safely disembark and leave the area (see, Fagan v Atlantic Coast Line R. R. Co., 220 N.Y. 301, 306-307; Blye v Manhattan & Bronx Surface Tr. Operating Auth...

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