FLYNN v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


61 N.Y.2d 769 (1984)

Thomas R. Flynn, Respondent, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1984.


Attorney(s) appearing for the Case

Steve S. Efron, John A. Murray and Richard K. Bernard for appellant.

Leonard L. Finz and David Jaroslawicz for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.


MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Appellant's contention that the evidence failed to establish a prima facie case of liability must be rejected. It was not disputed that the bus and the bicycle on which plaintiff was riding collided. There was evidence from which the jury could have concluded that the bus hit the bicycle...

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