SPOONER v. NEW YORK CITY TRANSIT AUTHORITY


298 A.D.2d 575 (2002)

750 N.Y.S.2d 91

PHYLLIS SPOONER, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided October 28, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was for summary judgment dismissing the complaint is granted.

The plaintiff slipped as she attempted to exit the rear steps of a bus operated by the defendant. There is no dispute that it had been raining for several hours before the accident and that it was still raining when the accident occurred. The plaintiff claimed that her accident...

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