From Casetext: Smarter Legal Research

Kimbrough v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 747 (N.Y. App. Div. 1994)

Opinion

September 29, 1994

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).


In this action to recover for injuries allegedly sustained when plaintiff tripped over an obstruction on a public sidewalk as she was about to board a bus operated by defendant common carrier under a contract with defendant County, triable issues of fact exist as to where the obstruction was located, and thus whether the bus operator met his duty of providing a direct, safe route to the bus (see, Blye v. Manhattan Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, 111-112, amended 132 A.D.2d 478, affd 72 N.Y.2d 888). Plaintiff's deposition testimony that the obstruction was located "a little bit in front of the door" of the bus does not necessarily establish that she was provided a direct, safe route to the bus.

We have considered defendants' other arguments and find them to be without merit.

Concur — Sullivan, J.P., Carro, Kupferman, Nardelli and Tom, JJ.


Summaries of

Kimbrough v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1994
207 A.D.2d 747 (N.Y. App. Div. 1994)
Case details for

Kimbrough v. City of New York

Case Details

Full title:DIANE KIMBROUGH, Respondent, v. CITY OF NEW YORK, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 29, 1994

Citations

207 A.D.2d 747 (N.Y. App. Div. 1994)
616 N.Y.S.2d 960

Citing Cases

Gross v. New York City Transit Authority

It is for a jury to decide whether requiring prospective passengers to navigate a full traffic lane, in the…