You are here: / / TRANSIT AUTHORITY’S MOTION FOR SUMMARY JUDGMENT IN THIS BUS PASSENGER’S...

TRANSIT AUTHORITY’S MOTION FOR SUMMARY JUDGMENT IN THIS BUS PASSENGER’S SUDDEN STOP INJURY CASE PROPERLY DENIED (SECOND DEPT).

The Second Department determined the New York City Transit Authority (NYCTA) defendants’ motion for summary judgment in this action brought by a bus passenger alleging injury from a sudden stop was properly denied:

To prevail on a cause of action alleging that a common carrier was negligent in stopping a bus, a plaintiff must prove that the stop was unusual and violent, rather than merely one of the sort of “jerks and jolts commonly experienced in city bus travel” … . Moreover, a plaintiff may not satisfy that burden of proof merely by characterizing the stop as unusual and violent … .

However, in seeking summary judgment dismissing such a cause of action, common carriers have the burden of establishing, prima facie, that the stop was not unusual and violent. That burden may be satisfied by the plaintiff’s deposition testimony as to how the accident occurred … .

Here, the plaintiff testified at her deposition that she was propelled to the floor and from the front to the middle of the bus. This testimony raised a triable issue of fact as to whether the stop at issue was unusual and violent, as opposed to whether the stop involved only the normal jerks and jolts commonly associated with city bus travel… . Since the NYCTA defendants did not meet their prima facie burden of establishing their entitlement to judgment as a matter of law, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition thereto were sufficient to raise a triable issue of fact … . Gani v New York City Tr. Auth., 2018 NY Slip Op 01452, Second Dept 3-7-18

NEGLIGENCE (BUSES, TRANSIT AUTHORITY’S MOTION FOR SUMMARY JUDGMENT IN THIS BUS PASSENGER’S SUDDEN STOP INJURY CASE PROPERLY DENIED (SECOND DEPT))/BUSES (TRANSIT AUTHORITY’S MOTION FOR SUMMARY JUDGMENT IN THIS BUS PASSENGER’S SUDDEN STOP INJURY CASE PROPERLY DENIED (SECOND DEPT))/SUDDEN STOP (BUSES, TRANSIT AUTHORITY’S MOTION FOR SUMMARY JUDGMENT IN THIS BUS PASSENGER’S SUDDEN STOP INJURY CASE PROPERLY DENIED (SECOND DEPT))

You might also like
Family Court Award of Sole Custody to Mother Reversed, Sole Custody Awarded to Father
Defendant’s Counsel Took a Position Adverse to Defendant’s Motion to Vacate His Guilty Plea—Court Should Have Appointed New Counsel Before Hearing the Motion
HERE IN THIS MED MAL ACTION, THE COVID-RELATED IMMUNITY CODIFIED IN THE EMERGENCY OR DISASTER TREATMENT PROTECTION ACT (EDTPA) WARRANTED SUMMARY JUDGMENT DISMISSING THE CAUSES OF ACTION STEMMING FROM THE TREATMENT OF PLAINTIFF BY DEFENDANT PHYSICIAN IN APRIL 2020, BUT NOT THE CAUSE OF ACTION STEMMING FROM THE TREATMENT OF PLAINTIFF BY DEFENDANT PHYSICIAN IN MARCH 2020, BEFORE HIS OFFICE WAS CLOSED PURSUANT TO THE COVID EMERGENCY DECLARATION (SECOND DEPT).
A SEX OFFENDER CERTIFICATION IS NOT PART OF A DEFENDANT’S SENTENCE; THEREFORE THE CERTIFICATION CANNOT BE SET ASIDE PURSUANT TO A MOTION TO SET ASIDE THE SENTENCE (SECOND DEPT).
WITNESS DID NOT IDENTIFY THE DEFENDANT AT A LINEUP, SAYING ONLY SHE WAS ‘LEANING TOWARD’ CHOOSING THE DEFENDANT, THAT TESTIMONY WAS INADMISSIBLE UNDER CPL 60.25; PROSECUTOR’S REMARKS IN SUMMATION HARSHLY CRITICIZED (SECOND DEPT).
RAISED PORTION OF A FLOOR MAT WAS NOT A TRIVIAL DEFECT AS A MATTER OF LAW IN THIS SLIP AND FALL CASE (SECOND DEPT).
DEFENDANTS IN THIS ICY-STEP SLIP AND FALL CASE DID NOT DEMONSTRATE THEY WERE OUT-OF-POSSESSION LANDLORDS WHO WERE NOT RESPONSIBLE FOR ICE AND SNOW REMOVAL; DEFENDANTS DID NOT SUBMIT THE LEASE IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT (SECOND DEPT).
Agreement to Pay over $500,000 (Re: Prior Loans Allegedly Made Over a Period Time) Not Enforceable Because the Agreement Did Not Express Any Consideration—Past Consideration Is No Consideration Because the Detriment Did Not Induce the Promise

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

NEW YORK TRANSIT AUTHORITY WAS NOT ENTITLED TO DISMISSAL OF THE LABOR LAW 200... ALTHOUGH DEFENDANT PULLED OUT IN FRONT OF PLAINTIFF, PLAINTIFF DID NOT DEMONSTRATE...