Walker v. Gray Line New York

2017 NY Slip Op 3603, 150 A.D.3d 420, 51 N.Y.S.3d 403

Opinion

Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered December 9, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to establish entitlement to judgment as a matter of law in this action where plaintiff alleges that he was struck by defendant’s red double decker tour bus that had the words “Gray Line” on the side. Defendant’s submissions did not demonstrate that the bus that struck plaintiff was not a Gray Line bus (see Jiann Hwa Fang v Metropolitan Transp. Auth., 148 AD3d 791 [2d Dept 2017]). In fact, defendant’s submissions included plaintiff’s deposition testimony and photographs of its buses that correspond with the description provided by plaintiff at his deposition.

Concur—Sweeny, J.R, Gische, Kahn and Gesmer, JJ.