Casanova v. New York City Transit Authority
Cases that cite this one
13 later published cases cite this decision.
- Pitt v. Alpert (Appellate Division of the Supreme Court of New York 2008)
- Thomas v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
- Turner v. Butler (Appellate Division of the Supreme Court of New York 2016)
- Kalafatis v. Royal Waste Services, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Deleg v. Vinci (Appellate Division of the Supreme Court of New York 2011)
- Monteleone v. Jung Pyo Hong (Appellate Division of the Supreme Court of New York 2010)
- Jacobwitz v. City of New York (Appellate Division of the Supreme Court of New York 2009)
- Shapiro v. Munoz (Appellate Division of the Supreme Court of New York 2006)
- Ramos v. Triboro Coach Corp. (Appellate Division of the Supreme Court of New York 2006)
- Iqbal v. Petrov (Appellate Division of the Supreme Court of New York 2004)
- Persaud v. Darbeau (Appellate Division of the Supreme Court of New York 2004)
- Lestingi v. Holland (Appellate Division of the Supreme Court of New York 2002)
- Coumbes v. Taylor (Appellate Division of the Supreme Court of New York 2002)
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 damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated February 22, 2000, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The Supreme Court erred in denying the defendant’s motion for summary judgment. The plaintiff was allegedly injured when a bus owned by the defendant was struck by a vehicle owned and operated by Neilworth Miller. The defendant established that Miller’s negligence was the sole proximate cause of this accident as his vehicle proceeded through the intersection against a red light, without stopping (see, Vehicle and Traffic Law § 1111 [d] [1]; Puedo v Caputo, 272 AD2d 387; Hines v New York City Tr. Auth., 264 AD2d 506; Wolfson v Milillo, 262 AD2d 636). In opposition, the plaintiff failed to raise a triable issue of fact as to whether the driver of the bus was at fault in the happening of this accident or whether he could have done anything to avoid the impact (see, Packer v Mirasola, 256 AD2d 394).
Accordingly, since the defendant established that it was not negligent as a matter of law, its motion for summary judgment should have been granted and the complaint dismissed. Bracken, Acting P. J., Santucci, Altman and Florio, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.