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VAZQUEZ v. NEW YORK CITY TRANSIT AUTHORITY

2011-06299.

94 A.D.3d 870 (2012)

941 N.Y.S.2d 887

2012 NY Slip Op 2675

JACQUELINE ESPINAL VAZQUEZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, and MANUEL REINOSO, Respondent. (Action No. 1.) GEICO INDEMNITY COMPANY, as Subrogee of Manuel Reinoso, Plaintiff, v. MTA BUS COMPANY et al., Appellants. (Action No. 2.)

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

Decided April 10, 2012.

Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiff-respondent and the defendant-respondent, and the motion of the defendants New York City Transit Authority, MTA Bus Company, and Donna M. Nelson for summary judgment dismissing the complaint and all cross claims insofar as asserted against them in action No. 1 and dismissing the complaint in action No. 2 is granted.

A driver who has the right-of-way is entitled to anticipate...

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