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HOLDER v. COUNTY OF WESTCHESTER

2016-07924. Index No. 4491/11.

169 A.D.3d 1017 (2019)

94 N.Y.S.3d 569

2019 NY Slip Op 01397

Donna Marie Holder, Appellant, v. County of Westchester et al., Respondents.

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

Decided February 27, 2019.

Ordered that the order is affirmed, with costs.

On December 13, 2009, the plaintiff was allegedly injured while disembarking from a bus. In her original notice of claim, complaint, and bill of particulars, the plaintiff alleged that the bus driver neglected to, and/or was unable to, "lower the front of the bus (kneeling bus)." As a result, the plaintiff was required to step down from the bus, and she fell. At her deposition, the plaintiff testified that she did not...

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