PINERO v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY (1997)

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about October 10, 1996, which, insofar as appealed from as limited by plaintiff's brief, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Summary judgment was properly granted to defendants.   Plaintiff, who tripped on a bag left by another passenger on the back stairs of a crowded bus as plaintiff attempted to exit the rear doors of bus, has not established that defendants breached their duty to exercise reasonable care (see, Blye v. Manhattan and Bronx Surface Tr. Operating Auth., 124 A.D.2d 106, 511 N.Y.S.2d 612).   Nor is there evidence presented as to when the bag was placed on the back stairs, or that defendants had either actual or constructive notice of its presence (see, Telsner v. New York City Tr. Auth., 15 A.D.2d 455, 221 N.Y.S.2d 782).   As to her theory of liability based on overcrowding, “there was no evidence that (plaintiff's) freedom of movement was unduly restricted” such as to impose liability upon defendants (Palermo v. New York City Tr. Auth., 141 A.D.2d 809, 810, 530 N.Y.S.2d 25).   We have considered plaintiff's remaining arguments and find them to be without merit.

MEMORANDUM DECISION.