Thomas v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Thomas v. New York City Transit Authority

37 A.D.3d 821, 829 N.Y.S.2d 921

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

DecidedFebruary 27, 2007

StatusPublished

Cited by3 cases

This text of 37 A.D.3d 821 (Thomas 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

Thomas v. New York City Transit Authority, 37 A.D.3d 821, 829 N.Y.S.2d 921 (N.Y. Ct. App. 2007).

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Opinion

In a consolidated action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated October 19, 2005, which denied its motion, in effect, for summary judgment dismissing the complaint of the plaintiff Rahkeya S. Thomas.

Ordered that the order is reversed, on the law, with costs, and the motion, in effect, for summary judgment dismissing the complaint of the plaintiff Rahkeya S. Thomas is granted.

The Supreme Court erred in denying the motion of the defendant New York City Transit Authority (hereinafter the Transit Authority), in effect, for summary judgment dismissing the complaint of the plaintiff Rahkeya S. Thomas. The Transit Authority established that its bus operator did not act negligently under the emergency circumstances presented (see Roviello v Schoolman Transp. Sys., Inc., 10 AD3d 356, 356-357 [2004]; Huggins v Figueroa, 305 AD2d 460, 461 [2003]; Casanova v New York City Tr. Auth., 279 AD2d 495 [2001]; Bentley v Moore, 251 AD2d 612, 613 [1998]). In opposition, the plaintiff Rakheya S. Thomas failed to raise a triable issue of fact as to whether the driver of the bus was at fault in the happening of this accident (see Casanova v New York City Tr. Auth., supra). Miller, J.E, Spolzino, Ritter and Lifson, JJ., concur.

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In a consolidated action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated October 19, 2005, which denied its motion, in effect, for summary judgment dismissing the complaint of the plaintiff Rahkeya S. Thomas.

Ordered that the order is reversed, on the law, with costs, and the motion, in effect, for summary judgment dismissing the complaint of the plaintiff Rahkeya S. Thomas is granted.

The Supreme Court erred in denying the motion of the defendant New York City Transit Authority (hereinafter the Transit Authority), in effect, for summary judgment dismissing the complaint of the plaintiff Rahkeya S. Thomas. The Transit Authority established that its bus operator did not act negligently under the emergency circumstances presented (see Roviello v Schoolman Transp. Sys., Inc., 10 AD3d 356, 356-357 [2004]; Huggins v Figueroa, 305 AD2d 460, 461 [2003]; Casanova v New York City Tr. Auth., 279 AD2d 495 [2001]; Bentley v Moore, 251 AD2d 612, 613 [1998]). In opposition, the plaintiff Rakheya S. Thomas failed to raise a triable issue of fact as to whether the driver of the bus was at fault in the happening of this accident (see Casanova v New York City Tr. Auth., supra). Miller, J.E, Spolzino, Ritter and Lifson, JJ., concur.

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Bluebook (online)

37 A.D.3d 821, 829 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-new-york-city-transit-authority-nyappdiv-2007.

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