While defendant initially established its entitlement to judgment as a matter of law, plaintiff's evidence raises an issue of fact as to whether she appeared to be capable of negotiating the height differential, and thus, whether defendants owed her a duty to kneel the bus (see Trainer v City of New York,
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ATWELL v. NEW YORK CITY TRANSIT AUTHORITY
Nos. 7443, 300726/09.
94 A.D.3d 620 (2012)
942 N.Y.S.2d 351
2012 NY Slip Op 3088
ROSEMARY ATWELL, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 24, 2012.
Decided April 24, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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