CAPERS v. NEW YORK CITY TRANSIT AUTHORITY


35 A.D.3d 162 (2006)

825 N.Y.S.2d 461

ENENIVER CAPERS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 5, 2006.


Plaintiff alleges that she sustained injuries because the driver of the bus in which she was a passenger, operated by defendant Authorities, negligently failed to "kneel" the bus to facilitate her descent from the bus to the street, and that her injuries are also attributable to defects in the street at the spot where she was to alight, for which defendant City is responsible. However, it is plain from plaintiff's own testimony that neither the alleged failure to "kneel"...

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