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NIEVES v. MANHATTAN & BRONX TR. AUTH.

31 A.D.2d 359 (1969)

Alice M. Nieves et al., Respondents, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 27, 1969.

Attorney(s) appearing for the Case

Ludwig S. Mlott of counsel (Stuart Riedel with him on the brief; Sidney Brandes, attorney), for appellant.

Irwin Gray of counsel (Irwin Gray and Frankel & Frankel, attorneys), for respondents.

TILZER and MACKEN, JJ., concur with STEVENS, P. J.; NUNEZ, J., dissents in opinion in which McGIVERN, J., concurs.

STEVENS, P. J.

This is an action for damages for personal injuries sustained October 5, 1965, when the bus in which plaintiff was a passenger was involved in a collision with a private car owned and operated by defendant Newsome.

The plaintiffs have failed to establish any actionable negligence on the part of the appellant. Actionable negligence involves a duty owing to the injured party, a breach of...

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