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BELL v. NEW YORK CITY TRANSIT AUTHORITY

21 A.D.3d 299 (2005)

801 N.Y.S.2d 3

SUSAN BELL, Also Known as SUSAN SMYTH BELL, Individually and as Executor of ROBERT A. BELL, Also Known as ROBERT BELL, Deceased, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

August 18, 2005.

When viewed in the light most favorable to plaintiff, the evidence established a prima facie case of negligence. Defendants breached their duty of reasonable care by improperly maintaining and inspecting the rear doors of the bus, which closed quickly and violently on plaintiff's knee, causing her injury. The uncontradicted evidence established that plaintiff was holding the handle of the open door as she exited the bus, and as she was descending from the second step to the...

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