MARK v. NEW YORK CITY TRANSIT AUTHORITY

2016-03810. Index No. 104471/11.

150 A.D.3d 980 (2017)

55 N.Y.S.3d 128

2017 NY Slip Op 03940

DEVERALER MARK, JR., Respondent, et al., Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided May 17, 2017.


Ordered that the order is reversed, on the law, with costs, and the motion of the plaintiff Deveraler Mark, Jr., for summary judgment dismissing the counterclaim asserted against him and his cross motion for summary judgment on the issue of liability are denied.

On October 29, 2010, at about 11:00 a.m., a vehicle operated by the plaintiff Deveraler Mark, Jr., in which the plaintiff Leslie Hopkins was a passenger, allegedly collided with a bus operated by the defendant...

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