DEFAY v. CITY OF NEW YORK

9784. 20299/17E.

174 A.D.3d 406 (2019)

101 N.Y.S.3d 603

2019 NY Slip Op 05325

Sandra E. Defay, Respondent, v. City of New York, Respondent, and New York City Transit Authority, Appellant, et al., Defendants.

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

Decided July 2, 2019.


NYCTA's motion was properly denied since the record presents triable issues of fact as to whether NYCTA breached its duty as a common carrier to provide plaintiff with a safe place to board the bus (see Archer v New York City Tr. Auth., 25 A.D.3d 351 [1st Dept 2006]; Malawer v New York City Tr. Auth., 18 A.D.3d 293, 294-295 [1st Dept 2005], affd 6 N.Y.3d 800

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