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D'ALESSANDRO v. NEW YORK CITY TRANSIT AUTH.

83 N.Y.2d 891 (1994)

636 N.E.2d 1382

613 N.Y.S.2d 849

Miriam D'Alessandro, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1994.

Attorney(s) appearing for the Case

Di Joseph, Portegello & Schuster, New York City (Arnold Di Joseph, III, of counsel), for appellant.

Armienti, Brooks, DeBellis & Dunphy, New York City (Edward P. Dunphy of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

On January 13, 1988, plaintiff was waiting for the B1 bus in Brooklyn. Due to the accumulation of snow and ice at the sidewalk bus stop, plaintiff was forced to wait on the street. Allegedly, an approaching bus pulled up too close to her...

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