Trainer v. City of New York
Cases that cite this one
13 later published cases cite this decision.
- Archer v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2020)
- Atwell v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2012)
- Aburto v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Luke v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 2011)
- Kasper v. Metropolitan Transportation Authority Long Island Bus (Appellate Division of the Supreme Court of New York 2011)
- Santiago v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2010)
- Sabella v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Kearns v. Adirondack Trailways, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Alexander v. Spanierman Gallery, LLC (Appellate Division of the Supreme Court of New York 2009)
- Scaltro v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2008)
- Lovato v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2008)
- Toolsie v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2008)
- Venduro v. Port Authority of New York and New Jersey (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered June 19, 2006, which granted defendant Transit Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff, age 77, allegedly sustained personal injuries while disembarking a bus that had stopped away from the curb and had not engaged its kneeling device. A common carrier does have a duty to afford departing passengers a safe place and means to alight (see e.g. Blye v Manhattan & Bronx Surface Tr. Operating Auth., 124 AD2d 106 [1987], affd 72 NY2d 888 [1988]). Under the circumstances presented, however, the bus stop was blocked by non-Transit Authority traffic, the street was in proper repair and did not present an inherent hazard, and plaintiff did not request that the bus be lowered, even though she perceived that it looked too far for her to step. In the absence of any evidence that plaintiff appeared incapable of negotiating the distance, there was no duty to lower the steps, and the stop away from the curb under these circumstances was not negligent (see Carlino v Triboro Coach Corp., 22 AD3d 624 [2005]).
Plaintiffs argument that summary judgment was premature is not persuasive; plaintiff has not shown that the items she continued to seek in discovery would bear on the issue of the Transit Authority’s liability (see Karoon v New York City Tr. Auth., 241 AD2d 323 [1997]). Other than a general, conclusory allegation, plaintiff has not offered any reason to believe the driver’s testimony would differ from her own testimony or what she hopes to uncover through further discovery.
We have considered plaintiffs other arguments and find them unavailing. Concur—Andrias, J.P., Saxe, Williams, Gonzalez and Kavanagh, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.