MIRANDA-LOPEZ v. NEW YORK CITY TR. AUTH.

10317. 26405/15E.

177 A.D.3d 431 (2019)

110 N.Y.S.3d 303

2019 NY Slip Op 08135

Adelina Miranda-Lopez, Respondent, v. New York City Transit Authority et al., Appellants.

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

Decided November 12, 2019.


Summary judgment was properly denied in this action where plaintiff alleges that defendants' bus struck her as she operated her motorized wheelchair on the sidewalk. According to plaintiff, the rear of the bus hit her wheelchair causing it to topple over. Although video evidence may be sufficient to demonstrate the absence of a triable issue of fact (see Santana v Metropolitan Transp. Co., 170 A.D.3d 551 [1st Dept 2019]; Lowenstern v Sherman Sq. Realty Corp.,

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