Opinion
6527 Index 401189/12
05-10-2018
Sharlene CANGELOSI, etc., et al., Plaintiffs–Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants–Respondents, "John Doe," etc., Defendant.
Silverman Shin & Byrne PLLC, New York (Wayne S. Stanton of counsel), for appellants. Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for respondents.
Silverman Shin & Byrne PLLC, New York (Wayne S. Stanton of counsel), for appellants.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for respondents.
Friedman, J.P., Tom, Kapnick, Kahn, Kern, JJ
Order, Supreme Court, New York County (Michael D. Stallman, J.), entered December 12, 2016, which granted the motion of defendants New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendants established their entitlement to judgment as a matter of law by demonstrating the applicability of the emergency doctrine in this action where plaintiff was injured when the bus in which she was a passenger stopped suddenly, causing her to fall. Defendants submitted evidence showing that the driver's sudden stop was precipitated by a pedestrian suddenly running in front of the bus. In opposition, plaintiff failed to raise a triable issue of fact as to defendants' negligence (see 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] ).
The court also properly declined to entertain plaintiff's claim that her injuries were caused by insufficient handrails, since the allegations in the notice of claim were not sufficient to put defendant on notice of any such claim (see Thomas v. New York City Hous. Auth., 25 N.Y.3d 1087, 12 N.Y.S.3d 617, 34 N.E.3d 368 [2015] ; Frankel v. New York City Tr. Auth., 134 A.D.3d 440, 19 N.Y.S.3d 739 [1st Dept. 2015] ).