Opinion
July 10, 1995
Appeal from the Supreme Court, Kings County (Greenstein, J.).
Ordered that the order is affirmed, with costs.
The plaintiff was injured when she slipped and fell over a protruding metal bar in the area of a bus shelter situated at the intersection of East New York Avenue and Ralph Avenue in Brooklyn. The appellants correctly note that responsibility for the maintenance of the bus shelter area rested with the defendant City of New York (see, Panso v. Triboro Coach Corp., 172 A.D.2d 813). However, the plaintiff alleged that the appellants actually created the condition which caused her injury. In addition, the plaintiff alleged a special use or benefit of the area by the appellants. Therefore, since the complaint states a cause of action and there are questions of fact as to the plaintiff's allegations, the court properly denied the appellants' motion (see, Dursi v. New York City Tr. Auth., 198 A.D.2d 470). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.