TANNOUS v. MTA BUS COMPANY

4889, 108633/07.

83 A.D.3d 584 (2011)

922 N.Y.S.2d 321

JAMAL TANNOUS, Respondent, v. MTA BUS COMPANY, Appellant, et al., Defendant.

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

Decided April 26, 2011.


Summary judgment was properly denied in this action where plaintiff was injured when, while driving his vehicle, he struck the back of defendant's bus, which was double-parked in a traffic lane on a city street. The evidence, viewed in the light most favorable to plaintiff, showed that the accident occurred in the early morning hours of a rainy and foggy night and that neither the headlights nor the hazard lights of the bus were activated. Accordingly, the record presents...

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