MALAWER v. NEW YORK CITY TRANSIT AUTHORITY

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Defendants owed a duty to plaintiff to stop at a place from which plaintiff could safely disembark and leave the area ( see Miller v. Fernan, 73 NY2d 844, 846). A triable issue of fact exists whether defendants breached that duty.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, etc.