McKENZIE v. NEW YORK CITY TRANSIT AUTHORITY

547, 302274/09.

137 A.D.3d 580 (2016)

27 N.Y.S.3d 540

2016 NY Slip Op 01918

CHANEL McKENZIE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided March 17, 2016.


Plaintiff sustained a fractured ankle when she tripped and fell on "cracks" in a cobblestone crosswalk while attempting to board a bus. The bus was away from the bus stop, with its front doors in the crosswalk, and about five feet from the curb. The jury found defendants and plaintiff negligent, but that only defendants' negligence was a proximate cause of the accident.

Contrary to defendants' contention, plaintiff made a prima facie showing that defendants were negligent...

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