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You are here: Home1 / Negligence2 / NO DUTY TO KEEP BUS STEPS FREE OF TRACKED IN WATER DURING RAINSTORM.
Negligence

NO DUTY TO KEEP BUS STEPS FREE OF TRACKED IN WATER DURING RAINSTORM.

The First Department, reversing Supreme Court, determined that defendant bus company did not have a duty to keep the entry steps free of tracked in water during a rainstorm. Plaintiff slipped and fell on the steps while attempting to board the bus:

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Plaintiff’s claim that Swift River negligently allowed a slippery condition to persist on the stairs leading into the bus was precluded, as a matter of law, by plaintiff’s testimony that it was raining at the time of the accident … . “Defendant is not obligated to provide a constant remedy for the tracking of water onto a bus during an ongoing storm” … , and here, the evidence showed that plaintiff was the last of a group of people to board the bus during the rainstorm … . Collins v Nate Tours Bus Co., 2017 NY Slip Op 02739. 1st Dept 4-6-17

NEGLIGENCE (NO DUTY TO KEEP BUS STEPS FREE OF TRACKED IN WATER DURING RAINSTORM)/SLIP AND FALL (NO DUTY TO KEEP BUS STEPS FREE OF TRACKED IN WATER DURING RAINSTORM)/BUSES (SLIP AND FALL. NO DUTY TO KEEP BUS STEPS FREE OF TRACKED IN WATER DURING RAINSTORM)/WATER, TRACKED IN (BUSES, NO DUTY TO KEEP BUS STEPS FREE OF TRACKED IN WATER DURING RAINSTORM)

April 6, 2017
Tags: First Department
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PROPERTY OWNER, AS AN ADDITIONAL INSURED UNDER THE SECURITY COMPANY’S POLICY, WAS NOT ENTITLED TO COVERAGE FOR A SECURITY GUARD’S SLIP AND FALL ON A RECENTLY MOPPED FLOOR, THE ADDITIONAL INSURED WAS THE SOLE PROXIMATE CAUSE OF THE INJURY (FIRST DEPT).
AN UNJUST ENRICHMENT CAUSE OF ACTION IS NOT AVAILABLE WHERE A CONTRACT COVERS THE RELEVANT ISSUE, EVEN IF THE DEFENDANTS ARE NONSIGNATORIES; UNJUST ENRICHMENT IS NOT A “CATCH ALL” CAUSE OF ACTION, CRITERIA EXPLAINED (FIRST DEPT).
JANITOR CAN NOT SUE FOR A SLIP AND FALL CAUSED BY THE CONDITION HE WAS TO REMEDY AS PART OF HIS JOB.
RESULTS OF NYPD DISCIPLINARY TRIALS ARE PERSONNEL RECORDS EXEMPT FROM A FREEDOM OF INFORMATION LAW REQUEST.
FAMILY COURT SHOULD HAVE MADE FINDINGS ENABLING THE CHILD TO PETITION FOR SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) (FIRST DEPT).
PURSUANT TO THE NEW YORK CITY HUMAN RIGHTS LAW, PROPERTY OWNERS (LANDLORDS) MAY BE HELD VICARIOUSLY LIABLE FOR THE DISCRIMINATORY CONDUCT OF THEIR AGENTS IN DEALING WITH PROSPECTIVE TENANTS (FIRST DEPT).
UNSECURED, DAMAGED LADDER WOBBLED AND PLAINTIFF FELL, PLAINTIFF’S SUMMARY JUDGMENT MOTION ON HIS LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY GRANTED (FIRST DEPT).
TEACHER ACQUIRED TENURE BY ESTOPPEL (FIRST DEPT).

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