DOBROWOLSKI v. CITY OF NEW YORK

Ordered that the order is affirmed, with costs.

The plaintiff was injured when, while waiting at a bus stop to board a bus operated by the New York City Transit Authority (hereinafter the NYCTA), he moved back as the bus approached and fell after stepping into a hole in the sidewalk, which was under construction at the time.

It is well settled that a "transit company is under a duty to provide prospective passengers with a reasonably safe, direct entrance onto the vehicle, clear of any dangerous obstruction or defect which would impede that entrance" ( Blye v. Manhattan Bronx Surface Tr. Operating Auth., 124 AD2d 106, 111, affd 72 NY2d 888; see Mahase v. Manhattan Bronx Surface Tr. Operating Auth., 3 AD3d 410; Ausderan v. City of New York, 219 AD2d 562; Gross v. New York City Tr. Auth., 256 AD2d 128; Francias v. City of New York, 222 AD2d 215).

Here, in opposition to the NYCTA's prima facie showing of entitlement to judgment as a matter of law, the plaintiff raised a triable issue of fact as to whether the NYCTA breached its duty to provide a reasonably safe, direct entrance to the bus ( cf. Meyers v. City of New York, 215 AD2d 543).

The NYCTA's remaining contentions are without merit.