Opinion
Submitted September 13, 2000
October 2, 2000.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated September 23, 1999, which granted the defendant's motion for summary judgment dismissing the complaint and denied her cross motion for summary judgment on the issue of serious injury.
Raymond J. Pezzoli, Staten Island, N.Y., for appellant.
Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle came to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was "unusual and violent" (Urquhart v. New York City Tr. Auth., 85 N.Y.2d 828, 830; Trudell v. New York R.T. Corp., 281 N.Y. 82, 85). The plaintiff failed to satisfy the standard in this case. In view of the foregoing, it is not necessary to address the plaintiff's remaining contention.