Opinion
February 4, 1993
Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).
Plaintiff fractured her ankle when she stepped off a bus operated by defendant, and asserts that she misstepped because the street onto which she disembarked was raised and uneven. However, as found by the IAS Court, the photograph she submitted of the area does not show a foreseeable hazard for which liability can be imposed (see, Fox v Brown, 15 N.Y.2d 597, affg 20 A.D.2d 538). And even if it did show such a hazard, the bus driver could not have observed it from his vantage point, particularly in the dark (see, Blye v Manhattan Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, 113, amended 132 A.D.2d 478, affd 72 N.Y.2d 888). Nor was he obligated to inspect the area prior to making the stop (supra, at 113-114). We have examined plaintiff's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Rosenberger and Kupferman, JJ.