YANT v. MILE SQUARE TRANSPORTATION, INC.

5961, 310098/08, 5962

89 A.D.3d 492 (2011)

932 N.Y.S.2d 67

2011 NY Slip Op 7913

MICHAEL E. YANT, Respondent, v. MILE SQUARE TRANSPOTATION, INC., et al., Appellants.

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

Decided November 10, 2011.


Plaintiff established his entitlement to judgment as a matter of law by stating that he was injured when defendants' school bus hit the rear of the bus on which he was riding (see Johnson v Phillips, 261 A.D.2d 269, 271 [1999]). In opposition, defendants raised a triable issue of fact by attaching the complete police accident report, which listed all of the passengers on the buses and did not include plaintiff's name. This document...

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