Opinion
13068 Index No. 157585/17 Case No. 2020-03134
02-11-2021
Melissa NEARY, Plaintiff–Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant–Appellant.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellant. The Law Offices of Frank J. Dito, Jr., Staten Island ( Frank J. Dito, Jr. of counsel), for respondent.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellant.
The Law Offices of Frank J. Dito, Jr., Staten Island ( Frank J. Dito, Jr. of counsel), for respondent.
Renwick, J.P., Kern, Mazzarelli, Oing, JJ.
Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered on or about May 21, 2020, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Plaintiff asserts that she was injured when the bus suddenly stopped, causing her to fall. Defendant established its entitlement to judgment as a matter of law by demonstrating the applicability of the emergency doctrine. Defendant submitted evidence showing that the driver's sudden stop was precipitated to avoid a pedestrian who, while still near the curb on the sidewalk, ignored a flashing "Don't Walk" crosswalk signal and darted across the street in front of the bus, as it attempted a right hand turn onto West Street in Manhattan. In opposition, plaintiff failed to raise a triable issue of fact as to defendant's negligence ( see Cangelosi v. New York City Tr. Auth., 161 A.D.3d 503, 503, 73 N.Y.S.3d 432 [1st Dept. 2018] ; Orsos v. Hudson Tr. Corp., 111 A.D.3d 561, 975 N.Y.S.2d 655 [1st Dept. 2013] ; Brooks v. New York City Tr. Auth., 19 A.D.3d 162, 798 N.Y.S.2d 381 [1st Dept. 2005] ).