Mark v. N.Y.C. Transit Auth.
| Decision Date | 17 May 2017 |
| Parties | Deveraler MARK, Jr., respondent, et al., plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, et al., appellants. |
| Court | New York Supreme Court — Appellate Division |
150 A.D.3d 980
55 N.Y.S.3d 128
Deveraler MARK, Jr., respondent, et al., plaintiff,
v.
NEW YORK CITY TRANSIT AUTHORITY, et al., appellants.
Supreme Court, Appellate Division, Second Department, New York.
May 17, 2017.
Lawrence Heisler, Brooklyn, NY (Anna J. Ervolina of counsel), for appellants.
Burns & Nallan, White Plains, NY (Laura L. Meny of counsel), for respondent.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, HECTOR D. LaSALLE, and FRANCESCA E. CONNOLLY, JJ.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Richmond County (Dollard, J.), dated January 22, 2016, which granted the motion of the plaintiff Deveraler Mark, Jr., for summary judgment dismissing the counterclaim asserted against him and his cross motion for summary judgment on the issue of liability.
ORDERED that the order is reversed, on the law, with costs, and the motion of the plaintiff Deveraler Mark, Jr., for summary judgment dismissing the counterclaim asserted against him and his cross motion for summary judgment on the issue of liability are denied.
On October 29, 2010, at about 11:00 a.m., a vehicle operated by the plaintiff Deveraler Mark, Jr., in which the plaintiff Leslie Hopkins was a passenger, allegedly collided with a bus operated by the defendant Nicholas Reyes and owned by the defendant New York City Transit Authority at or near the intersection of Jewett Avenue and Hurst Street in Richmond County. Mark was operating his vehicle straight on Jewett Avenue, which was not governed by a traffic control device. Reyes was attempting to make a right turn from Hurst Street onto Jewett Avenue. Hurst Street, which came to an end at its intersection with Jewett Avenue, was governed by a stop sign. The left front of the bus came into contact with the left rear of Mark's vehicle. After the contact, Mark's vehicle continued to move, and it came to a stop after colliding with a utility pole on the sidewalk.
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