STONE v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


233 A.D.2d 121 (1996)

649 N.Y.S.2d 781

Erika Stone, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent

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

November 7, 1996


The only eyewitness evidence here was that of an onlooker who testified that defendant's bus was traveling at a normal speed when plaintiff was suddenly pushed under its rear wheel by an assailant. Plaintiff herself admitted that she was dazed and confused at the time, and her testimony offered no evidence of negligence on defendant's part. No issues of fact having been raised as to defendant's negligence, it was properly granted summary...

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