BROOKS v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


94 A.D.2d 656 (1983)

John Brooks, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant, and Joseph W. Giardino, Respondent

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

May 12, 1983


On September 2, 1978 at about 11:00 P.M. plaintiff John Brooks was struck by a car driven by defendant Joseph Giardino moments after leaving a southbound MABSTOA bus at the Einstein Loop, Elgar Place intersection on the Hutchinson River Parkway service road. The road has one parking lane (lane one) and two traffic lanes (lanes two and three) facing south, and three lanes facing north. The plaintiff's theory of partial liability against MABSTOA arises from the fact that the...

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