SANTANA v. MTA BUS CO.

0021517/13E, 1692.

141 A.D.3d 440 (2016)

33 N.Y.S.3d 901

DAVID SANTANA, Respondent, v. MTA BUS COMPANY et al., Respondents, UNITED PARCEL SERVICE, INC., Appellant/Third-Party Defendant-Appellant. MTA BUS COMPANY et al., Third-Party Plaintiffs-Respondents.

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

Decided July 7, 2016.


Defendant UPS argues that, although its truck was parked in a no-standing zone in violation of 34 RCNY 4-08 (a) (3) at the time of the accident involving plaintiff's bicycle and defendant MTA's bus, its truck was not a proximate cause of the accident. However, the record presents issues of fact as to how far the UPS truck was protruding into the lane of travel, whether plaintiff swerved toward the bus in an effort to avoid the UPS truck, and whether plaintiff was forced to...

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