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GARCIA-MARTINEZ v. CITY OF NEW YORK

No. 1637, 101469/05

68 A.D.3d 428 (2009)

2009 NY Slip Op 8954

891 N.Y.S.2d 21

HAYDEE GARCIA-MARTINEZ, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 3, 2009.

Defendants established prima facie, through plaintiff's deposition testimony, that they did not breach their duty as common carriers to provide a safe place for bus passengers to disembark (see Malawer v New York City Tr. Auth., 18 A.D.3d 293, 294-295 [2005], affd 6 N.Y.3d 800 [2006]; Blye v Manhattan & Bronx Surface Tr. Operating Auth., 124 A.D.2d 106

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