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TRAINER v. CITY OF NEW YORK

41 A.D.3d 202 (2007)

838 N.Y.S.2d 512

HAZEL TRAINER, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided June 14, 2007.

Plaintiff, age 77, allegedly sustained personal injuries while disembarking a bus that had stopped away from the curb and had not engaged its kneeling device. A common carrier does have a duty to afford departing passengers a safe place and means to alight (see e.g. Blye v Manhattan & Bronx Surface Tr. Operating Auth., 124 A.D.2d 106 [1987], affd 72 N.Y.2d 888 [1988]). Under the circumstances...

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