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DANIELS v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

261 A.D.2d 115 (1999)

689 N.Y.S.2d 463

KIM DANIELS, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant.

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

Decided May 4, 1999.

On October 31, 1994, plaintiff was departing a bus owned by defendant Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) when she was struck in the left eye by a hard-boiled egg thrown through an open bus window by a masked Halloween miscreant. She commenced the instant action for personal injuries, alleging in her bill of particulars that MABSTOA was negligent in failing to warn the passengers of the foreseeable risk of eggs being thrown through open bus windows...

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