COLLINS v. NATE TOURS BUS CO.

3655, 301128/12.

149 A.D.3d 454 (2017)

2017 NY Slip Op 02739

52 N.Y.S.3d 40

BENITA COLLINS, Respondent, v. NATE TOURS BUS CO. et al., Defendants, and SWIFT RIVER TRANSPORTATION, LTD., Appellant.

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

Decided April 6, 2017.


The court erred in denying Swift River's motion for summary judgment. Plaintiff's claim that Swift River negligently allowed a slippery condition to persist on the stairs leading into the bus was precluded, as a matter of law, by plaintiff's testimony that it was raining at the time of the accident (see Byrne v New York City Tr. Auth., 78 A.D.3d 525 [1st Dept 2010]). "Defendant is not obligated to provide a constant remedy for the...

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