FONSECA v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


14 A.D.3d 397 (2005)

788 N.Y.S.2d 99

JOSE FONSECA, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents.

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

January 18, 2005.


Plaintiff's testimony at his deposition and at his General Municipal Law § 50-h hearing sufficiently established a prima facie case of negligence against defendants. The 81-year-old plaintiff testified that he was injured when the bus he had just boarded "stopped hard," causing him and other passengers to fall. Plaintiff's injuries included a hip fracture and a fracture of his left femur, resulting in permanent loss of use of the left hip and leg and a lengthy confinement...

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