DOBROWOLSKI v. CITY OF NEW YORK


29 A.D.3d 937 (2006)

815 N.Y.S.2d 469

KRZYSZTOF DOBROWOLSKI, Respondent, v. CITY OF NEW YORK, Respondent, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

May 30, 2006.


Ordered that the order is affirmed, with costs.

The plaintiff was injured when, while waiting at a bus stop to board a bus operated by the New York City Transit Authority (hereinafter the NYCTA), he moved back as the bus approached and fell after stepping into a hole in the sidewalk, which was under construction at the time.

It is well settled that a "transit company is under a duty to provide prospective passengers with a reasonably safe, direct entrance...

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