Jahangir v. Logan Bus Co.
Cases that cite this one
21 later published cases cite this decision.
- Ramos v. TC Paratransit (Appellate Division of the Supreme Court of New York 2012)
- Ramos v. TC Paratransit (Appellate Division of the Supreme Court of New York 2012)
- Ok Sun Chong v. Scheelje (Appellate Division of the Supreme Court of New York 2023)
- Wiessner v. Phillips (Appellate Division of the Supreme Court of New York 2022)
- Rosner v. Srulovic (Appellate Division of the Supreme Court of New York 2022)
- Doyle v. Wieber (Appellate Division of the Supreme Court of New York 2021)
- Diamond v. Comins (Appellate Division of the Supreme Court of New York 2021)
- Matos v. Tai (Appellate Division of the Supreme Court of New York 2015)
- Blok v. Mammadov (Appellate Division of the Supreme Court of New York 2015)
- Valentin v. Parisio (Appellate Division of the Supreme Court of New York 2014)
- SINGH, KANWALJEET v. REAGAN, LAUREEN D. (Appellate Division of the Supreme Court of New York 2014)
- Federal Deposit Insurance v. Hodge (District Court, E.D. 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)
- Sutin v. Pawlus (Appellate Division of the Supreme Court of New York 2013)
- Sutin v. Pawlus (Appellate Division of the Supreme Court of New York 2013)
- Brandt v. Zahner (Appellate Division of the Supreme Court of New York 2013)
- Brandt v. Zahner (Appellate Division of the Supreme Court of New York 2013)
- Matamoro v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Pollard v. Independent Beauty & Barber Supply Co. (Appellate Division of the Supreme Court of New York 2012)
- Robbins v. Panzarino (Appellate Division of the Supreme Court of New York 2012)
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 support of the defendants’ motion for summary judgment they established their prima facie entitlement to judgment as a matter of law by providing sufficient evidence that the plaintiffs decedent, Shohana Shami (hereinafter the decedent), darted out from between parked vehicles, away from any crosswalk, and directly into the path of the defendants’ minibus, leaving the defendant driver unable to avoid contact with the decedent (see Afghani v Metropolitan Suburban Bus Auth., 45 AD3d 511, 512 [2007]; Ledbetter v Johnson, 27 AD3d 698 [2006]; Mancia v Metropolitan Tr. Auth. Long Is. Bus, 14 AD3d 665 [2005]; Sheppeard v Murci, 306 AD2d 268, 268-269 [2003]; see also Johnson v Lovett, 285 AD2d 627, 627 [2001]; Carrasco v Monteforte, 266 AD2d 330, 331 [1999]).
In opposition, the plaintiff raised a triable issue of fact. Contrary to the defendants’ assertions on appeal, the affidavit of a nonparty witness was not inconsistent with his prior signed witness statement in the police accident report, and, thus, did not constitute an attempt to create a feigned issue of fact (see e.g. Kievman v Philip, 84 AD3d 1031, 1033 [2011]). The affidavit, at most, provided more detail than was provided to police at the scene of the accident. In the affidavit, the nonparty witness, in whose car the decedent had been a passenger, recalled that when the decedent exited his car, she crossed quickly in front of his car and stopped in the area between his car and a bus which was stopped directly in front of his car. As she did this, she stuck her head out “directly above” the double-yellow line
Case-law data current through December 31, 2025. Source: CourtListener bulk data.