BEST v. DAK TRANSPORTATION CORP.

4321, 350031/08.

81 A.D.3d 543 (2011)

917 N.Y.S.2d 565

WILFREDO BEST, an Infant, by His Mother and Natural Guardian, JOANN BEST, et al., Appellants, v. DAK TRANSPORTATION CORP., Respondent.

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

Decided February 22, 2011.


Defendant established its prima facie entitlement to judgment as a matter of law in this action where infant plaintiff, a special needs child, was injured when he was attacked by another student while a passenger on a school bus owned and operated by defendant. Defendant's submissions included, inter alia, infant plaintiff's testimony that he and his assailant had been friends and that there had never been an altercation between them. Such testimony showed that defendant...

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