Opinion
Submitted September 6, 2000
October 2, 2000.
In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated October 14, 1999, which denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
Wallace D. Gossett (Steve S. Efron, New York, N.Y., of counsel), for appellant.
Silberstein, Awad Miklos, P.C., Garden City, N.Y. (Joseph P. Awad and Paul N. Nadler of counsel), for plaintiff-respondent.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Ellen Ravitch of counsel), for defendant-respondent City of New York.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs payable by the respondents.
It is well settled that 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; Jenkins v. New York City Tr. Auth., 262 A.D.2d 455; Kelleher v. F.M.E. Auto Leasing Corp., 192 A.D.2d 581). The Supreme Court properly denied the appellant's motion for summary judgment, as there is an issue of fact as to whether it breached this duty.