AGUILA v. NEW YORK CITY TRANSIT AUTHORITY


2 A.D.3d 761 (2003)

769 N.Y.S.2d 733

ELPIDIO AGUILA et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

December 29, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

Contrary to the defendants' contention, after they made out a prima facie case for summary judgment, the plaintiff Elipidio Agulia's testimony at his deposition and at the hearing pursuant to General Municipal Law § 50-h, together with the submitted medical evidence of his injuries, raised a triable issue of fact as to the bus driver's negligence...

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