GELBARD v. NEW YORK CITY TR. AUTH.


27 Misc.2d 317 (1960)

Miriam Gelbard et al., Plaintiffs, v. New York City Transit Authority, Defendant.

Supreme Court, Special Term, Kings County.

December 9, 1960


Attorney(s) appearing for the Case

M & N Grossgold for plaintiffs. Daniel T. Scannell for defendant.


BENJAMIN BRENNER, J.

Motion for summary judgment for personal injuries sustained by the plaintiff wife while a passenger in defendant's bus. She claims to have been struck on the head by a vertical pole which fell within the bus.

The defendant's operator, in his affidavit, asserts that he saw the pole falling away from its fixed place but that he did not see it hit anyone; that the pole fell in a direction...

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