In Cividanes v. City of New York (20 N.Y.3d 925 [2012]) the presence of a hole in the street was the cause of the accident. The Court that when a plaintiff stepped off of a bus and fell in a hole in the roadway, the No-Fault Insurance Law was inapplicable because plaintiff's injury did not arise out of the "use or operation" of a motor vehicle within the meaning of Insurance Law 5104(a).