Opinion
2017–05818 Index No. 63593/15
08-19-2020
Laura FLORES, Appellant, v. WESTCHESTER COUNTY BEE LINE, et al., Respondents.
Parker Waichman LLP, Port Washington, NY (Jay L. T. Breakstone and Stephenie Bross of counsel), for appellant. Keane & Bernheimer, PLLC, Valhalla, NY (Jason M. Bernheimer of counsel), for respondents.
Parker Waichman LLP, Port Washington, NY (Jay L. T. Breakstone and Stephenie Bross of counsel), for appellant.
Keane & Bernheimer, PLLC, Valhalla, NY (Jason M. Bernheimer of counsel), for respondents.
REINALDO E. RIVERA, J.P., HECTOR D. LASALLE, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Mary H. Smith, J.), dated May 17, 2017. The order granted the defendants' motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The plaintiff allegedly sustained personal injuries when she fell while riding as a passenger on a bus allegedly owned by the defendant County of Westchester, leased by the defendant Westchester County Bee Line, and operated by the defendant Herbert Portorreal. She commenced this action against the defendants, alleging that they were negligent, inter alia, in the operation of the bus. After joinder of issue, the defendants moved for summary judgment dismissing the complaint. The Supreme Court granted the motion. The plaintiff appeals.
"A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident" ( Boulos v. Lerner–Harrington, 124 A.D.3d 709, 709, 2 N.Y.S.3d 526 ; see M.M.T. v. Relyea, 177 A.D.3d 1013, 114 N.Y.S.3d 385 ). Here, the defendants established, prima facie, that Portorreal was not negligent in the happening of the accident (see generally Rohn v. Aly, 167 A.D.3d 1054, 1056, 91 N.Y.S.3d 256 ; Yelder v. Walters, 64 A.D.3d 762, 764, 883 N.Y.S.2d 290 ). Moreover, the defendants demonstrated, prima facie, that the movement of the bus was not "unusual or violent" or of a class different from "the jerks and jolts commonly experienced in city bus travel" ( Urquhart v. New York City Tr. Auth., 85 N.Y.2d 828, 830, 623 N.Y.S.2d 838, 647 N.E.2d 1346 ; see Cui Fang Li v. New York City Tr., 155 A.D.3d 938, 939, 63 N.Y.S.3d 894 ; Bethune v. MTA Long Is. Bus, 138 A.D.3d 1052, 31 N.Y.S.3d 144 ; Dowdy v. MTA–Long Is. Bus, 123 A.D.3d 655, 998 N.Y.S.2d 204 ). In opposition, the plaintiff failed to raise a triable issue of fact. In light of our determination, we need not reach the defendants' remaining contention.
Accordingly, we agree with the Supreme Court's determination to grant the defendants' motion for summary judgment dismissing the complaint.
RIVERA, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.