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MAHASE v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

3 A.D.3d 410 (2004)

771 N.Y.S.2d 99

SAKEENA MAHASE, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants, et al., Defendant.

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

January 20, 2004.

This slip-and-fall case arose when plaintiff allegedly stepped to meet an approaching bus at a bus stop in the Bronx on the snowy evening of February 1, 2000. The issue before us is whether the theory of liability plaintiff now asserts, that the Authorities failed in their duty to provide a safe entrance onto the vehicle, was impermissibly raised for the first time in her deposition testimony, having never been mentioned in her notice of claim, statutory hearing, complaint...

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