DUNHAM v. CITY OF NEW YORK


262 A.D.2d 444 (1999)

692 N.Y.S.2d 115

ANN DUNHAM, Respondent, v. CITY OF NEW YORK et al., Respondents, and NEW YORK CITY TRANSIT AUTHORITY, Appellant. (And a Third-Party Action.)

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

Decided June 14, 1999.


Ordered that the order is affirmed, with one bill of costs payable by the respondents.

On March 20, 1995, the plaintiff was a passenger on a bus operated by the appellant, the New York City Transit Authority. When the bus stopped, the plaintiff, upon exiting, allegedly fell over a cracked, defective portion of the sidewalk in front of where she exited the bus.

The Supreme Court properly denied the appellant's motion for summary judgment. There are issues of...

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