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MUSTO v. CITY OF NEW YORK

275 A.D.2d 398 (2000)

712 N.Y.S.2d 878

BARBARA MUSTO, Respondent, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided August 21, 2000.

Ordered that the order is affirmed, with costs.

A common carrier owes a duty to an exiting passenger to stop at a place where the passenger may safely disembark and leave the area (see, Miller v Fernan, 73 N.Y.2d 844; Jenkins v New York City Tr. Auth., 262 A.D.2d 455; Kelleher v F.M.E. Auto Leasing Corp., 192 A.D.2d 581). There is an issue...

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