Curley-Concepcion v. New York City Transit Authority
Cases that cite this one
4 later published cases cite this decision.
- Delgiudice v. Metropolitan Transportation Authority (Appellate Division of the Supreme Court of New York 2007)
- Banfield v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
- McLeod v. County of Westchester (Appellate Division of the Supreme Court of New York 2007)
- Aguila v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damage! for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Mastro, J.), dated September 23, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint and denied her cross motion for summary judgment on the issue of serious injury.
Ordered that the order is affirmed, with costs.
To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle came to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was “unusual and violent” (Urquhart v New York City Tr. Auth., 85 NY2d 828, 830; Trudell v New York Rapid Tr. Corp., 281 NY 82, 85). The plaintiff failed to satisfy the standard in this case. In view of the foregoing, it is not necessary to address the plaintiffs remaining contention. Mangano, P. J., S. Miller, McGinity, Luciano and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.