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Oka v. New York City Transit Authority

24 A.D.3d 222, 804 N.Y.S.2d 924
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 13, 2005
StatusPublished

This text of 24 A.D.3d 222 (Oka 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
Oka v. New York City Transit Authority, 24 A.D.3d 222, 804 N.Y.S.2d 924 (N.Y. Ct. App. 2005).

Opinion

nt, Supreme Court, New York County (Marilyn Shafer, J.), entered December 17, 2004, which, to the extent appealed from, upon the prior grant of defendant New York City Transit Authority’s motion for summary judgment, dismissed the complaint as against that defendant, unanimously affirmed, without costs.

The motion for summary judgment was properly granted since the record fails to provide any nonspeculative basis to support the inference necessary to plaintiffs claim against defendant Transit Authority, that one of its vehicles struck her (see Zuckerman v City of New York, 49 NY2d 557 [1980]; see also Kane v Estia Greek Rest., 4 AD3d 189 [2004]). Concur—Tom, J.P., Marlow, Gonzalez and Sweeny, JJ.

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Related

Zuckerman v. City of New York
404 N.E.2d 718 (New York Court of Appeals, 1980)
Kane v. Estia Greek Restaurant, Inc.
4 A.D.3d 189 (Appellate Division of the Supreme Court of New York, 2004)

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Bluebook (online)
24 A.D.3d 222, 804 N.Y.S.2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oka-v-new-york-city-transit-authority-nyappdiv-2005.