| Santiago v New York City Tr. Auth. |
| 2010 NY Slip Op 00569 [69 AD3d 530] |
| January 28, 2010 |
| Appellate Division, First Department |
| Nereida Santiago, Respondent, v New York City TransitAuthority, Appellant. |
—[*1] Laurence M. Savedoff, P.L.L.C., Bronx (Laurence M. Savedoff of counsel), forrespondent.
Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 13, 2008, which,insofar as appealed from, denied defendant's motion for summary judgment dismissing thecomplaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk isdirected to enter judgment accordingly.
Plaintiff, who was injured when she stumbled upon boarding a bus, claims that the busoperator was negligent in failing to lower the bus platform for her. The record establishes,however, that, before boarding, plaintiff (then 57 years old) did not ask the operator to lower theplatform, and that she did not appear unable to negotiate the height differential between the curband the bus platform. Under these circumstances, there was no duty to lower the platform (see Trainer v City of New York, 41AD3d 202 [2007] [where disembarking 77-year-old passenger neither "request(ed) that thebus be lowered" nor "appeared incapable of negotiating the distance" between the bus and thestreet, "there was no duty to lower the (bus') steps"]; see also Sabella v City of New York, 58 AD3d 712 [2009]; Carlino v Triboro Coach Corp., 22AD3d 624 [2005]). In view of the foregoing, any discrepancy between plaintiff's testimonyand that of the bus operator concerning the height differential between the curb and the platformis immaterial. Concur—Friedman, J.P., Sweeny, Freedman and Abdus-Salaam, JJ.