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JACKSON v. NEW YORK CITY TRANSIT AUTHORITY

30 A.D.3d 289 (2006)

818 N.Y.S.2d 32

SHARON JACKSON et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

June 22, 2006.

Defendants' evidence did not establish that they are immune as a matter of law from the theory of liability plaintiff has proffered, that is, that they negligently purchased express buses which lacked a necessary safety feature to protect passengers, specifically, handholds or grab bars.

The doctrine of qualified governmental immunity serves to preclude second-guessing relating to the considered planning decisions of governmental...

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