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BYRNE v. NEW YORK CITY TRANSIT AUTHORITY

3631, 17408/05.

78 A.D.3d 525 (2010)

910 N.Y.S.2d 649

STEPHANIE BYRNE, as Administrator of the Estate of ANGELA KIRKLAND, Deceased, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided November 18, 2010.

The claim of negligence in allowing a slippery condition to persist in the aisle of the bus is precluded, as a matter of law, by the undisputed fact that the slip and fall occurred during a rainstorm. Defendant is not obligated to provide a constant remedy for the tracking of water onto a bus during an ongoing storm (Morazzani v MTA N.Y. City Tr., 67 A.D.3d 598 [2009]). Furthermore...

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