Tung Wa Ma v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Tung Wa Ma v. New York City Transit Authority

88 A.D.3d 871, 931 N.Y.2d 254

Appellate Division of the Supreme Court of the State of New York·Decided October 18, 2011·Published

Opinion

The Supreme Court properly denied the motion of the defendants New York City Transit Authority, New York City Metropolitan Transportation Authority, MTA Bus Company, and Ernie Lamboy (hereinafter collectively the appellants) for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, as the appellants failed to establish their prima facie entitlement to judgment as a matter of law. The appellants failed to establish that they were free from negligence as a matter of law (see Pollack v Margolin, 84 AD3d 1341, 1342 [2011]; Lopez v Reyes-Flores, 52 AD3d 785, 786 [2008]). Rivera, J.E, Florio, Austin and Sgroi, JJ., concur.

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The Supreme Court properly denied the motion of the defendants New York City Transit Authority, New York City Metropolitan Transportation Authority, MTA Bus Company, and Ernie Lamboy (hereinafter collectively the appellants) for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, as the appellants failed to establish their prima facie entitlement to judgment as a matter of law. The appellants failed to establish that they were free from negligence as a matter of law (see Pollack v Margolin, 84 AD3d 1341, 1342 [2011]; Lopez v Reyes-Flores, 52 AD3d 785, 786 [2008]). Rivera, J.E, Florio, Austin and Sgroi, JJ., concur.

Tung Wa Ma v. New York City Transit Authority, 88 A.D.3d 871, 931 N.Y.2d 254 (N.Y. Ct. App. 2011).

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88 A.D.3d 871 (Tung Wa Ma v. New York City Transit Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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