GONZÁLEZ v. O TEMBELIS TRANS, INC.

11764. 157389/12.

185 A.D.3d 434 (2020)

124 N.Y.S.3d 779

2020 NY Slip Op 03750

Luis González, Respondent, v. O Tembelis Trans, Inc., et al., Defendants, and Galaxy Towers, Inc., et al., Appellants.

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

Decided July 2, 2020.


Defendants established their prima facie entitlement to judgment as a matter of law by showing that plaintiff violated Vehicle and Traffic Law § 1214 by opening the door of the taxi cab in which he was a passenger into the side of the passing bus driven by defendant Solis after the front of the bus had passed (see Perez v Steckler, 157 A.D.3d 445 [1st Dept 2018]; Montesinos v Cote, 46 A.D.3d 774

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