DISALVATORE v. NEW YORK CITY TRANSIT AUTHORITY


45 A.D.3d 402 (2007)

845 N.Y.S.2d 312

GRACE DISALVATORE, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided November 15, 2007.


Plaintiff, 84 years old at the time of the accident, testified at deposition that after boarding the bus, she walked "shakily" toward a seat because the bus was "speeding," "swaying," "jolting from side to side," "bouncing up and down," and "moving erratically in a way that I couldn't get to my seat." She "never experienced anything like that in all [her] life on any bus," and it was "totally out of the ordinary." Then, as she turned around with difficulty to take a seat...

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