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WALKER v. GRAY LINE NEW YORK

3890. 158775/13.

150 A.D.3d 420 (2017)

2017 NY Slip Op 03603

51 N.Y.S.3d 403

MYRON KIRK WALKER, Respondent, v. GRAY LINE NEW YORK, Appellant.

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

Decided May 4, 2017.

Defendant failed to establish entitlement to judgment as a matter of law in this action where plaintiff alleges that he was struck by defendant's red double decker tour bus that had the words "Gray Line" on the side. Defendant's submissions did not demonstrate that the bus that struck plaintiff was not a Gray Line bus (see Jiann Hwa Fang v Metropolitan Transp. Auth., 148 A.D.3d 791 [2d Dept 2017]). In fact, defendant's submissions...

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