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SHEEHAN v. CITY OF NEW YORK

40 N.Y.2d 496 (1976)

Timothy Sheehan, Appellant, v. City of New York et al., Respondents. (Action No. 1.) Walter Novak, Jr., Respondent, v. New York City Transit Authority, Defendant, Manhattan and Bronx Surface Transit Operating Authority et al., Appellants, and City of New York et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided July 15, 1976.

Attorney(s) appearing for the Case

Arthur N. Seiff for appellant in Action No. 1.

W. Bernard Richland, Corporation Counsel (Bernard Burstein and L. Kevin Sheridan of counsel), for respondents in Action No. 1.

Robert J. Lawton, Stuart Riedel and William Scheiner for appellants in Action No. 2.

Vincent M. Sclafani and John J. O'Connor for respondent in Action No. 2.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

On a clear morning on East 138th Street in Bronx County, an eastbound bus operated by appellant Timothy Sheehan and owned by appellant Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) was brought to a gradual stop at the street's intersection with Jackson Avenue for the purpose of permitting any passengers who wished to do so to board or alight. While so stopped, the bus was struck...

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