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CINTRON v. NEW YORK CITY TRANSIT AUTHORITY

61 A.D.3d 803 (2009)

877 N.Y.S.2d 446

ROSA CINTRON et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided April 21, 2009.

Ordered that the judgment is affirmed, with costs.

Contrary to the determination of the Supreme Court, the plaintiffs presented legally sufficient evidence of an allegedly dangerous condition on the rear stairs of the subject bus for the Supreme Court to have submitted the issue of proximate cause to the jury (see CPLR 4401; Szczerbiak v Pilat, 90 N.Y.2d 553 [1997]; Rhabb v New York City Hous. Auth.,

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