Splain v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Splain v. New York City Transit Authority

180 A.D.2d 454

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

DecidedFebruary 11, 1992

StatusPublished

Cited by10 cases

This text of 180 A.D.2d 454 (Splain 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.

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Splain v. New York City Transit Authority, 180 A.D.2d 454 (N.Y. Ct. App. 1992).

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Opinion

Judgment of the Supreme Court, New York County (Edward H. Lehner, J.), entered April 6, 1990, which dismissed the complaint at the close of plaintiff’s direct case, unanimously affirmed, without costs.

In this personal injury action, Supreme Court dismissed the action at the close of plaintiff’s case for failure to establish a prima facie case. Plaintiff’s evidence demonstrates that he was on the sidewalk at the curb in the middle of a block when, without turning his head to look for traffic, he suddenly stepped off, almost instantly colliding with the side of a Transit Authority bus travelling at a speed of from 10 to 15 miles per hour. We agree that these facts do not establish any actionable negligence (see, Rucker v Fifth Ave. Coach Lines, 15 NY2d 516, mot to amend remittitur granted 15 NY2d 852, cert denied 382 US 815). Concur—Rosenberger, J. P., Ellerin, Smith and Rubin, JJ.

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Judgment of the Supreme Court, New York County (Edward H. Lehner, J.), entered April 6, 1990, which dismissed the complaint at the close of plaintiff’s direct case, unanimously affirmed, without costs.

In this personal injury action, Supreme Court dismissed the action at the close of plaintiff’s case for failure to establish a prima facie case. Plaintiff’s evidence demonstrates that he was on the sidewalk at the curb in the middle of a block when, without turning his head to look for traffic, he suddenly stepped off, almost instantly colliding with the side of a Transit Authority bus travelling at a speed of from 10 to 15 miles per hour. We agree that these facts do not establish any actionable negligence (see, Rucker v Fifth Ave. Coach Lines, 15 NY2d 516, mot to amend remittitur granted 15 NY2d 852, cert denied 382 US 815). Concur—Rosenberger, J. P., Ellerin, Smith and Rubin, JJ.

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180 A.D.2d 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/splain-v-new-york-city-transit-authority-nyappdiv-1992.

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