Barker v. Manhattan & Bronx Surface Transit Operating Authority
This text of 184 A.D.2d 287 (Barker v. Manhattan & Bronx Surface Transit Operating Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order, Supreme Court, Bronx County (Lewis R. Friedman, J.), entered December 16,1991, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Discrepancies in the examinations before trial raise clear issues of fact, including, inter alia, how fast the bus was travelling and whether the sudden stop that caused plaintiffs injuries was avoidable (see, Harris v Manhattan & Bronx Surface Tr. Operating Auth., 138 AD2d 56; see also, Ugarriza v Schmieder, 46 NY2d 471, 474). Concur — Murphy, P. J., Rosenberger, Wallach, Smith and Rubin, JJ.
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184 A.D.2d 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-manhattan-bronx-surface-transit-operating-authority-nyappdiv-1992.