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ATTERBURY v. METROPOLITAN TRANSP. AUTH.

10960.

180 A.D.3d 433 (2020)

115 N.Y.S.3d 663

2020 NY Slip Op 00908

Bobby Atterbury, Respondent, v. Metropolitan Transportation Authority et al., Appellants.

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

Decided February 6, 2020.

Plaintiff testified at his General Municipal Law § 50-h hearing that, after boarding a bus, he started to sit and reached for a strap to steady himself, when the bus "jerked" as it pulled out of the station causing him to fall. In support of their motion, defendants submitted the bus driver's affidavit and video of the interior of the bus, which shows that the bus was pulling smoothly out of the bus stop and had reached a...

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