GARCIA v. NEW YORK CITY TRANSIT AUTHORITY

2010-00586.

84 A.D.3d 1021 (2011)

923 N.Y.S.2d 185

ELIO GARCIA, JR., Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant/Third-Party Plaintiff-Appellant, and LAWRENCE GRAZIANO, Appellant. MARCO LOJA, Third-Party Defendant-Respondent.

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

Decided May 17, 2011.


Ordered that the judgment is affirmed, with costs.

Shortly after midnight on July 11, 2004, a vehicle driven by the third-party defendant, Marco Loja, which was owned by the plaintiff, collided with a New York City Transit Authority bus operated by the defendant Lawrence Graziano at a "Y-shaped" intersection located at Platinum and Richmond Avenues in Staten Island. After a trial, the jury found Graziano 15% at fault in the happening of the accident, and Loja 85%...

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