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CONETTA v. NEW YORK CITY TRANSIT AUTHORITY

307 A.D.2d 333 (2003)

762 N.Y.S.2d 634

ROSEANN CONETTA, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent. (And a Third-Party Action.)

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

Decided July 28, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff allegedly was injured on April 12, 2000, when she fell while alighting from a bus operated by the defendant, the New York City Transit Authority. "A common carrier owes a duty to an alighting passenger to stop at a place where the passenger may safely disembark and leave the area" (Miller v Fernan, 73 N.Y.2d 844<...

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