BUKOFF v. NEW YORK CITY TRANSIT AUTH.


211 A.D.2d 549 (1995)

621 N.Y.S.2d 349

Samuel Bukoff, as Executor of Lillian Bukoff, Deceased, Appellant, v. New York City Transit Authority et al., Respondents

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

January 24, 1995


Lillian Bukoff, plaintiff's decedent, aged 68 at the time of the accident, fell and broke her hip while boarding or just after boarding a bus. Plaintiff alleges that defendants were negligent and failed to exercise reasonable care, and that Mrs. Bukoff fell when the driver pulled away from the stop.

Plaintiff took exception to the court's stated intention to charge contributory negligence. On summation, defendant did not argue that Mrs. Bukoff had been negligent....

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