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KAMINSKY v. M.T.A. NEW YORK CITY TRANSIT AUTHORITY

2288, 101974/06.

79 A.D.3d 411 (2010)

911 N.Y.S.2d 698

FAITH KAMINSKY, Appellant, v. M.T.A. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided December 2, 2010.

Plaintiff, a pedestrian, was struck by defendants' left-turning bus while crossing the street within the crosswalk at a controlled intersection. The traffic light was in plaintiff's favor at the time of the accident. Nevertheless, plaintiff's claim that she had the right-of-way hinges upon whether or not the bus was in motion when she stepped into the crosswalk (see e.g. Fannon v Metropolitan Transp. Auth., 

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