Afghani v. Metropolitan Suburban Bus Authority
Cases that cite this one
13 later published cases cite this decision.
- Rosner v. Srulovic (Appellate Division of the Supreme Court of New York 2022)
- Arango v. Sandhaus (Appellate Division of the Supreme Court of New York 2022)
- Wemyss v. Ruszczyk (Appellate Division of the Supreme Court of New York 2015)
- GREEN, ANGELA D. v. HOSLEY, CATHERINE M. (Appellate Division of the Supreme Court of New York 2014)
- Clark v. Amboy Bus Co. (Appellate Division of the Supreme Court of New York 2014)
- Clark v. Amboy Bus Co. (Appellate Division of the Supreme Court of New York 2014)
- Green v. Hosley (Appellate Division of the Supreme Court of New York 2014)
- Green v. Hosley (Appellate Division of the Supreme Court of New York 2014)
- Perez v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Perez v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Yavkina v. New York City Police Department (Appellate Division of the Supreme Court of New York 2011)
- Jahangir v. Logan Bus Co. (Appellate Division of the Supreme Court of New York 2011)
- Brown v. Muniz (Appellate Division of the Supreme Court of New York 2009)
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 wrongful death and personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated July 7,
Ordered that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law by providing sufficient evidence that the infant decedent darted out from behind parked vehicles, directly into the path of the defendants’ vehicle, leaving the defendant driver unable to avoid contact (see Sheppeard v Murci, 306 AD2d 268, 269 [2003]). In opposition, the affidavit of Mahmood Afghani, the uncle of the infant decedent, sworn to almost five years after the accident, in which he indicated for the first time and contrary to the plaintiff’s deposition testimony, that he had witnessed the subject accident, presented a feigned issue of fact as to whether the accident was proximately caused by the driver’s negligence (see Gomez v Rodriguez, 31 AD3d 497, 498 [2006]). Moreover, under these circumstances, where the plaintiff failed to make some showing of negligence on the part of the defendants, the plaintiff was not entitled to invoke the Noseworthy doctrine (see Noseworthy v City of New York, 298 NY 76 [1948]; Williams v Econ, 221 AD2d 429 [1995]). Miller, J.P., Ritter, Santucci and Balkin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.