Atwell v. New York City Transit Authority
Cases that cite this one
2 later published cases cite this decision.
- Saidoff v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
- Saidoff v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2013)
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, Bronx County (Larry S. Schachner, J.), entered February 17, 2011, which denied defendant New York City Transit Authority’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
While defendant initially established its entitlement to judgment as a matter of law, plaintiffs evidence raises an issue of fact as to whether she appeared to be capable of negotiating the height differential, and thus, whether defendants owed her a duty to kneel the bus (see Trainer v City of New York, 41 AD3d 202 [2007]). Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Abdus-Salaam and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.