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KASPER v. METROPOLITAN TRANSPORTATION AUTHORITY LONG ISLAND BUS

2011-01928

90 A.D.3d 998 (2011)

935 N.Y.S.2d 645

2011 NY Slip Op 9599

BRUCE M. KASPER et al., Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY LONG ISLAND BUS, Respondent.

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

Decided December 27, 2011.

Ordered that the order is affirmed, with costs.

The plaintiffs' decedent, 87-year-old Billie Kasper, utilized the services of the defendant's Able-Ride program, a curb-to-curb paratransit bus service for persons who have a physical or mental disability. On August 3, 2007, after attending a senior dance, the decedent began to board the defendant's bus, reaching the second of three steps before falling backwards and striking...

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