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CULMONE v. NEW YORK CITY TRANSIT AUTHORITY

40 A.D.3d 676 (2007)

835 N.Y.S.2d 689

JOSEPHINE CULMONE et al., Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided May 8, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

The plaintiff Josephine Culmone (hereinafter the plaintiff) was boarding a New York City bus operated by the defendant agency when the bus driver allegedly ordered the passenger ahead of her to get off the bus. As that passenger turned around to exit the bus, he knocked the plaintiff over, causing her to fall off the bus and into the...

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