KEARNS v. ADIRONDACK TRAILWAYS, INC.


59 A.D.3d 774 (2009)

872 N.Y.S.2d 244

MARY KEARNS, Respondent, v. ADIRONDACK TRAILWAYS, INC., et al., Appellants.

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

Decided February 5, 2009.


Kane, J.

Plaintiff commenced this action alleging that she was injured while alighting from a bus owned by defendant Adirondack Trailways, Inc. and driven by defendant James Troeger. Defendants appeal from Supreme Court's denial of their motion for summary judgment dismissing the complaint. Because questions of fact exist regarding defendants' negligence, we affirm.

"A common carrier owes a duty to an alighting passenger to stop at a place where the passenger...

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