Opinion
November 28, 1988
Appeal from the Supreme Court, Nassau County (Robbins, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint is dismissed as against the appellants.
On October 31, 1980, the plaintiff's decedent, approximately 13 years of age, was struck by a motor vehicle and killed after alighting from a charter bus on a six-lane highway. The bus had been chartered by the City School District of the City of Long Beach for a class trip to Bear Mountain. The accident occurred at a controlled intersection at West Park Avenue and Lindell Boulevard in Long Beach, a stop designated by the teacher supervising the trip. The teacher escorted the decedent off the bus onto the sidewalk and returned to the bus. The decedent then ran in front of the stationary bus into West Park Avenue, against the light, and was struck by a vehicle in the center lane of traffic.
We find that the Supreme Court erred in denying the appellants' motion for summary judgment. The appellants' duty to the decedent as a passenger terminated when she alighted safely on the curb (see, e.g., Matter of Eisenberg v. Village of Mamaroneck, 137 A.D.2d 817; Mooney v. Niagara Frontier Tr. Metro Sys., 125 A.D.2d 997; Rodriguez v. Manhattan Bronx Surface Tr. Operating Auth., 117 A.D.2d 541, lv denied 68 N.Y.2d 602). In addition, there is no showing that the bus driver committed any act which was a proximate cause of the accident (see, Eisenberg v. Village of Mamaroneck, supra). Weinstein, J.P., Bracken, Kunzeman and Rubin, JJ., concur.