SMALLS v. NEW YORK CITY TRANSIT AUTHORITY


264 A.D.2d 771 (1999)

695 N.Y.S.2d 121

KENNETH SMALLS, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

Decided September 20, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant New York City Transit Authority (hereinafter the NYCTA) failed to establish its entitlement to judgment as a matter of law regarding whether its employee, a bus driver, was acting beyond the scope of his employment during his altercation with a passenger (see, CPLR 3212 [b]; Zuckerman v City of New York,

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