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ASSANTE v. NEW YORK CITY TRANSIT AUTHORITY

22 A.D.3d 698 (2005)

805 N.Y.S.2d 397

IRENE ASSANTE, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

October 24, 2005.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle comes to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was "unusual and violent" (Urquhart v New York City Tr. Auth., 85 N.Y.2d 828, 830 [1995]; see Trudell v New York R. T. Corp., 281 N.Y. 82, 85 [1939]). In opposition...

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