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CLAYSON v. WILLIAMS

Index No. 150528/16. Appeal No. 15272. Case No. 2020-04543.

203 A.D.3d 656 (2022)

165 N.Y.S.3d 535

2022 NY Slip Op 02191

Marianne Clayson, Respondent, v. Eugene Williams et al., Appellants, et al., Defendant.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Barry McTiernan & Moore LLC, New York ( Claire F. Rush of counsel), for appellants.

Pollack, Pollack, Isaac & DeCicco LLP, New York ( Jillian Rosen of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

Defendants demonstrated prima facie, based on plaintiff's testimony and the video surveillance tape of the accident, that plaintiff's conduct was the sole proximate cause of the accident (see Splain v New York City Tr. Auth., 180 A.D.2d 454, 454 [1st Dept 1992], lv denied 80 N.Y.2d 759 [1992]). Plaintiff failed to raise a triable issue of fact concerning the bus driver's negligence (see Rivera v City of New York,

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