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FITZGERALD v. NEW YORK CITY TRANSIT AUTHORITY

2 A.D.3d 577 (2003)

769 N.Y.S.2d 300

ANGELINE FITZGERALD, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, and HARRISON WARNER, Respondent.

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

December 15, 2003.

Ordered that the order is affirmed, without costs or disbursements.

The accident at issue involved a collision between a bus owned by the New York City Transit Authority (hereinafter the NYCTA) and driven by the defendant John Gordon (hereinafter the NYCTA defendants), and a car driven by the codefendant Harrison Warner. The plaintiff was a passenger on the bus when the accident occurred. It is undisputed that at the time of the impact the bus was stopped partially...

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