Regardless of whose duty it was to maintain the sidewalk at the bus stop location, the City, M Realty and A Realty all argue that plaintiff’s complaint should be dismissed on the premise that plaintiff cannot establish exactly where she fell, and thus, has not made out a prima facie case of negligence. A 50-h injury hearing was held at the NYCTA offices on July 6, 2004.
At plaintiff’s 50-h hearing, plaintiff stated that she fell in the street after she stepped off the bus. In pertinent part she stated that she exited from the front of the bus and either she stepped from the bottom step of the bus to the sidewalk and then slipped, or, she had taken two steps from the bus before her accident took place. Her 50-h testimony also indicated that both feet were off the bus and her right foot made contact with the street. She also stated that she put her other foot towards the sidewalk and then she slipped on the ice that was on the sidewalk.
Based on the plaintiff’s testimonies at the 50-h hearing and her deposition this court finds that plaintiff has established a prima facie case of negligence. The court reiterates that a question of fact exists as to who cleared the three foot path on the sidewalk area immediately surrounding the bus stop where plaintiff was injured.
Accordingly, it is hereby ORDERED that Manhattan and Bronx Surface Transit Operating Authority’s and New York City Transit Authority’s joint motion for summary judgment (sequence #002) is granted and the complaint is hereby severed and dismissed as against Manhattan and Bronx Surface Transit Operating Authority and New York City Transit Authority, and the Clerk is directed to enter judgment in favor of said defendants.
Whenever the law has specifically enjoin an act to be done by a person for the safety of another person, and the former failed to do, the injured party may file a claim for damages against the person responsible.