Ortola v. Bouvier
Opinion of the Court
Before a defendant may be held liable for negligence, it must be demonstrated that defendant owes a duty to plaintiff. “In the absence of a duty, there is no breach and without a breach there is no liability” (Pulka v Edelman, 40 NY2d 781, 782). The question of the existence of a duty in any particular set of circumstances is entirely one of law to be determined by the courts (Donohoe v Copiague Union Free School Dist., 64 AD2d 29, 33, affd 47 NY2d 440). Here, plaintiff was afforded a safe place to alight from the bus and, in fact, did leave the bus and proceed safely to the curb of the sidewalk and thence the crosswalk. By then the passenger-carrier relationship between plaintiff and NFT had terminated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.