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DRAKES v. NEW YORK CITY TRANSIT AUTHORITY

11 A.D.3d 580 (2004)

783 N.Y.S.2d 67

SYLVIA DRAKES, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et al., Defendants.

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

October 18, 2004.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when a bus owned by the New York City Transit Authority (hereinafter the NYCTA) on which she was a passenger stopped short to avoid hitting a van that cut it off. It is undisputed that the bus had been proceeding straight in the right lane of moving traffic at a speed of under 10 miles per hour with the bus driver's foot covering the brake pedal when the van suddenly cut in front of...

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