KULAYA v. METROPOLITAN TRANSIT AUTHORITY BUS COMPANY

4505, 302985/08.

82 A.D.3d 522 (2011)

918 N.Y.S.2d 443

JANE KULAYA, Respondent, v. METROPOLITAN TRANSIT AUTHORITY Bus COMPANY et al., Appellants.

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

Decided March 15, 2011.


Plaintiff was injured when she fell on the stairs of a bus, owned by defendant MTA and operated by defendant L.E. Clayborne, while attempting to disembark. Plaintiff was 71 at the time of the incident and used a walker. She alleges that after the bus operator told her that she could not use her walker upon entering the bus, she requested that the bus operator lower the "lift" upon which she could wheel her walker and then be raised up into the bus. At her deposition and the...

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