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TOLBERT v. NEW YORK CITY TRANSIT AUTHORITY

256 A.D.2d 171 (1998)

683 N.Y.S.2d 498

ELINOR TOLBERT et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, and CITY OF NEW YORK, Respondent.

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

Decided December 17, 1998.

The motion was properly denied on the ground that triable issues of fact exist bearing upon whether defendants breached their duty to provide plaintiff with a safe place to alight, including whether defendants knew or should have known of the street pothole that allegedly caused plaintiff to trip and fall (see, Blye v Manhattan & Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, 109, affd 72 N.Y.2d 888...

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