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ROSA v. NEW YORK CITY TRANSIT AUTHORITY

11 A.D.3d 402 (2004)

783 N.Y.S.2d 282

CARMEN ROSA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, et al., Defendants.

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

October 28, 2004.

The existence of issues of fact, particularly with regard to proximate cause and the roles played by the city bus and the illegally parked Bravo bus, precludes summary disposition (see Dowling v Consolidated Carriers Corp., 65 N.Y.2d 799 [1985]; O'Connor v Pecoraro, 141 A.D.2d 443 [1988]). We have considered defendants-appellants' remaining arguments...

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