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WADE II v. NEW YORK CITY TRANSIT AUTHORITY

5 A.D.3d 474 (2004)

773 N.Y.S.2d 98

JAMES WADE II et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

March 8, 2004.

Ordered that the order is affirmed, with costs.

On October 8, 1986, the injured plaintiff, James Wade II (hereinafter the plaintiff), who was then 13 years old, fell while riding on the outside of one of the defendant's buses. The plaintiff now claims that the driver of the bus was aware of his presence on the outside of the bus and that the proximate cause of his injuries was the driver's negligence in traveling at an excessive rate of speed and acceleration under...

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