Malawer v New York City Tr. Auth.

2006 NY Slip Op 01250

Decided on February 21, 2006

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2006
No. 67 SSM 3






Submitted by Renee L. Cyr, for appellants.
Submitted by John J. Appell, for respondent.


MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Defendants owed a duty to plaintiff to stop at a place from which plaintiff could safely disembark and leave the area (see Miller v Fernan, 73 NY2d 844, 846 [1988]). A triable issue of fact exists whether defendants breached that duty.
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, [*2]and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.
Decided February 21, 2006