Koziarz v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Koziarz v. New York City Transit Authority

89 A.D.3d 609, 933 N.Y.2d 262

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 22, 2011

StatusPublished

This text of 89 A.D.3d 609 (Koziarz v. New York City Transit 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.

Bluebook

Koziarz v. New York City Transit Authority, 89 A.D.3d 609, 933 N.Y.2d 262 (N.Y. Ct. App. 2011).

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Opinion

[610]*610Plaintiff was crossing Madison Avenue at 34th Street when he was struck by a Transit Authority bus turning left onto the avenue. The traffic light was in plaintiffs favor at the time of the accident. Nevertheless, viewed in the light most favorable to defendants, the evidence supports the jury’s finding that defendants were not liable for plaintiffs injuries (see Kaminsky v M.T.A. N.Y. City Tr. Auth., 79 AD3d 411 [2010]; Mazariegos v New York City Tr. Auth., 230 AD2d 608, 609-610 [1996]). Defendant bus driver testified that before making his turn he scanned the intersection, checked his mirrors, and observed no pedestrians crossing the street; a witness on the bus testified that he observed plaintiff on the sidewalk about 10 feet from the curb when the bus began its turn; and the physical evidence showed that the point of collision was near the rear tires of the bus. Concur — Moskowitz, J.E, Reriwick, DeGrasse, AbdusSalaam and Román, JJ.

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[610]*610Plaintiff was crossing Madison Avenue at 34th Street when he was struck by a Transit Authority bus turning left onto the avenue. The traffic light was in plaintiffs favor at the time of the accident. Nevertheless, viewed in the light most favorable to defendants, the evidence supports the jury’s finding that defendants were not liable for plaintiffs injuries (see Kaminsky v M.T.A. N.Y. City Tr. Auth., 79 AD3d 411 [2010]; Mazariegos v New York City Tr. Auth., 230 AD2d 608, 609-610 [1996]). Defendant bus driver testified that before making his turn he scanned the intersection, checked his mirrors, and observed no pedestrians crossing the street; a witness on the bus testified that he observed plaintiff on the sidewalk about 10 feet from the curb when the bus began its turn; and the physical evidence showed that the point of collision was near the rear tires of the bus. Concur — Moskowitz, J.E, Reriwick, DeGrasse, AbdusSalaam and Román, JJ.

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Bluebook (online)

89 A.D.3d 609, 933 N.Y.2d 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koziarz-v-new-york-city-transit-authority-nyappdiv-2011.

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