WILEY v. BRIGGS


55 A.D.3d 442 (2008)

865 N.Y.S.2d 218

PAULA WILEY, Respondent, v. ANTHONY BRIGGS et al., Respondents, and NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendants.

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

October 23, 2008.


Plaintiff was discharged into the street, 25 feet from the designated bus stop and four feet from the sidewalk where the curb was covered with three feet of snow. Because of the snowbank, she had to walk in the street. As she tried to cross the street to catch another bus, she was struck by a car. It cannot be said, as a matter of law, that her act of crossing from behind the bus was an extraordinary or unforeseeable act under these circumstances. A question of fact exists...

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