TOOLSIE v. N.Y. CITY TRANSIT

Plaintiff was injured when she twisted her ankle and fell while disembarking a bus owned and operated by defendant Transit Authority. The record demonstrates that a triable issue of fact exists regarding whether, by stopping the bus several feet from the curb, defendant breached its duty to plaintiff to stop the bus at a place from which she could safely disembark ( see Malawer v New York City Tr. Auth., 6 NY3d 800, affg 18 AD3d 293; Sutin v Manhattan Bronx Surface Tr. Operating Auth., 54 AD3d 616; compare Trainer v City of New York, 41 AD3d 202 [bus stopped away from curb because bus stop was blocked by non-Transit Authority traffic]).