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EARNESTINE JENKINS, et al., plaintiffs-respondents, v. NEW YORK CITY TRANSIT AUTHORITY, appellant, CITY OF NEW YORK, defendant-respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff Earnestine Jenkins was injured when she slipped and fell on snow and/or ice while exiting a bus operated by the appellant. A common carrier owes a duty to an exiting passenger to stop at a place where the passenger may safely disembark and leave the area ( see, Miller v. Fernan, 73 N.Y.2d 844, 846; Kelleher v. F.M.E. Auto Leasing Corp., 192 A.D.2d 581, 584; Blye v. Manhattan Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, 109, affd 72 N.Y.2d 888). There is an issue of fact as to whether the appellant breached this duty.

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JENKINS v. NEW YORK CITY TRANSIT AUTHORITY
(Jun 14, 1999)