DeJESUS v. NEW YORK CITY TRANSIT AUTH.


210 A.D.2d 27 (1994)

618 N.Y.S.2d 806

Danny Dejesus et al., Respondents, v. New York City Transit Authority, Appellant, et al., Defendants

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

December 1, 1994


Issues of fact exist precluding summary judgment, including, on the issue of negligence, whether the conduct of the off-duty Transit Authority police officers amounted to a request that plaintiff assist them in apprehending the driver of the vehicle that allegedly rammed plaintiff's vehicle, and, if so, whether the officers encouraged or acquiesced in plaintiff's confronting the driver; and, on the issue of defendant Transit Authority's liability on the theory of respondeat...

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