MORALES v. CONSOLIDATED BUS TRANSIT, INC.

7835. 305470/14.

167 A.D.3d 457 (2018)

89 N.Y.S.3d 163

2018 NY Slip Op 08430

Yisela Morales, Appellant, v. Consolidated Bus Transit, Inc., et al., Respondents, et al., Defendants.

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

Decided December 11, 2018.


Plaintiff, a passenger in a livery cab owned by defendant Hambone Management Corp., and operated by defendant Rafael Mejia, was allegedly injured when the livery cab rear-ended a yellow school bus owned by defendant CBT and operated by defendant Dileny Abreu. The cab driver's lone excuse for rear-ending the bus, namely, that it made a sudden stop, mid-block, is insufficient to rebut the presumption of negligence (see Profita v Diaz, 100 A.D.3d 481...

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