Summary
finding no liability to District for providing transportation for its students on public buses
Summary of this case from Cominsky v. City of SyracuseOpinion
2001-01288
Argued May 7, 2002
July 1, 2002.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), dated January 3, 2001, as granted that branch of the motion of the defendants County of Westchester and Corali Edwards which was for summary judgment dismissing the plaintiffs' claims against them based upon violations of Vehicle and Traffic Law §§ 375(20) and 1174(b), and granted that branch of the motion of the defendant third-party defendant, Board of Education of the City of New Rochelle, which was for summary judgment dismissing the complaint insofar as asserted against it.
Ecker, Loehr, Ecker Ecker, LLP, Yonkers, N.Y. (Ruth F-L. Post and Gerald E. Loehr of counsel), for appellants.
Nesci, Keane, Piekarski, Keogh Corrigan (Melito Adolfsen, PC [Ignatius John Melito and Paul F. McAloon of counsel), for defendant third-party plaintiff-respondent and defendant-respondent.
O'Connor, McGuinness, Conte, Doyle Oleson, White Plains, N.Y. (Montgomery L. Effinger of counsel), for defendant third-party defendant-respondent.
NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendants appearing separately and filing separate briefs.
The infant plaintiff was injured when she was struck by a vehicle driven by the defendant Nancy Ricevuto shortly after alighting from a bus operated by the defendant Corali Edwards. The plaintiffs premise their theory of liability upon alleged violations of the Vehicle and Traffic Law, because the bus in which the infant plaintiff was transported was not equipped as a "school bus."
The Supreme Court correctly concluded that Edwards and the County of Westchester are not subject to liability for failure to comply with Vehicle and Traffic Law §§ 375(20) and 1174(b). The bus from which the infant plaintiff alighted was not being used "exclusively" to transport pupils (see Vehicle and Traffic Law § 375). In addition, Edwards' duty to the infant plaintiff as a passenger terminated when the infant plaintiff alighted safely onto the sidewalk (see Sigmond v. Liberty Lines Tr., 261 A.D.2d 385; Shahzaman v. Green Bus Lines Co., 214 A.D.2d 722; Kramer v. Lagnese, 144 A.D.2d 648).
The Supreme Court also correctly granted summary judgment to the Board of Education of the City of New Rochelle. Where a school district has engaged an independent contractor to provide bus transportation, the school district cannot be held liable based on physical custody once the children board the contractor's bus (see Sigmond v. Liberty Lines Tr., supra at 387; see also Chainani v. Board of Educ. of City of N.Y., 87 N.Y.2d 370; Womak v. Duvernay, 229 A.D.2d 488).
SMITH, J.P., O'BRIEN, H. MILLER and COZIER, JJ., concur.