PAULINO v. MTA BUS COMPANY

Index No. 450358/16. Appeal No. 12999. Case No. 2020-02930.

190 A.D.3d 652 (2021)

136 N.Y.S.3d 879

2021 NY Slip Op 00502

John Alberto Paulino, Respondent, v. MTA Bus Company et al., Appellants.

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

Decided January 28, 2021.


Attorney(s) appearing for the Case

Zaklukiewicz, Puzo & Morrissey, LLP, Islip Terrace ( William E. Morrissey Jr. of counsel), for appellants.

Elefterakis, Elefterakis & Panek, New York ( Oliver R. Tobias of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.


Defendants failed to demonstrate conclusively that plaintiff opened the door of his parked car when it was not safe to do so, in violation of Vehicle and Traffic Law § 1214, and therefore was the sole proximate cause of the accident in which he and the open car door were struck by defendant MTA's bus. Defendant bus operator testified that he never saw plaintiff or the open car door before the accident, which occurred after he had pulled the bus forward after a light...

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