EMERY v. NEW YORK CITY TRANSIT AUTHORITY

3541, 400831/08.

78 A.D.3d 416 (2010)

JOSHUA EMERY, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided November 4, 2010.


Plaintiff's testimony and the testimony of an eyewitness established that as plaintiff was bicycling down Fifth Avenue in the far right lane, the bus came up alongside him and, without sounding its horn, moved toward the curb, forcing plaintiff to jump the curb to avoid being struck. This evidence demonstrates plaintiff's prima facie entitlement to summary judgment on the issue of liability (see Palma v Sherman, 

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