ARCHER v. NEW YORK CITY TRANSIT AUTHORITY


25 A.D.3d 351 (2006)

806 N.Y.S.2d 582

ANASTASIA ARCHER, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

January 5, 2006.


Defendant's bus stopped in advance of a bus stop to let passengers off, two to three feet from the curb at the intersection of 145th Street and Eighth Avenue. Plaintiff stepped down from the rear exit of the bus into a pothole and fell, injuring her ankle.

Defendant moved for summary judgment on the ground that it did not own or maintain the street where plaintiff fell. The court granted the motion, holding, "[t]here is no evidence to show that [New York City Transit...

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