Vazquez v. New York City Transit Authority
Cases that cite this one
22 later published cases cite this decision.
- Morocho v. Brown (Appellate Division of the Supreme Court of New York 2022)
- PENDA, JABARI v. DUVALL, MARY J. (Appellate Division of the Supreme Court of New York 2016)
- Penda v. Duvall (Appellate Division of the Supreme Court of New York 2016)
- Penda v. Duvall (Appellate Division of the Supreme Court of New York 2016)
- Soto-Bay v. Prunty (Appellate Division of the Supreme Court of New York 2014)
- Soto-Bay v. Prunty (Appellate Division of the Supreme Court of New York 2014)
- Carpentieri v. Kloc (Appellate Division of the Supreme Court of New York 2023)
- Alston v. Irizarry (Appellate Division of the Supreme Court of New York 2021)
- Jeong Sook Lee-Son v. Doe (Appellate Division of the Supreme Court of New York 2019)
- Green v. Masterson (Appellate Division of the Supreme Court of New York 2019)
- Gilkerson v. Buck (Appellate Division of the Supreme Court of New York 2018)
- Beres v. Terranera (Appellate Division of the Supreme Court of New York 2017)
- Yeo v. Spa Castle, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Desio v. Cerebral Palsy Transport, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Adobea v. Junel (Appellate Division of the Supreme Court of New York 2014)
- Adobea v. Junel (Appellate Division of the Supreme Court of New York 2014)
- Kenda v. Dunn (Appellate Division of the Supreme Court of New York 2014)
- Kenda v. Dunn (Appellate Division of the Supreme Court of New York 2014)
- Charles v. William Hird & Co. (Appellate Division of the Supreme Court of New York 2013)
- Charles v. William Hird & Co. (Appellate Division of the Supreme Court of New York 2013)
- Figueroa v. Diaz (Appellate Division of the Supreme Court of New York 2013)
- Figueroa v. Diaz (Appellate Division of the Supreme Court of New York 2013)
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
Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiff-respondent and the defendant-respondent, and the motion of the defendants New York City Transit Authority, MTA Bus Company, and Donna M. Nelson for summary judgment dismissing the complaint and all cross claims insofar as asserted against them in action No. 1 and dismissing the complaint in action No. 2 is granted.
A driver who has the right-of-way is entitled to anticipate that other drivers will obey the traffic laws requiring them to yield to the driver with the right-of-way (see Vehicle and Traffic Law § 1128 [a]; § 1143; Bonilla v Calabria, 80 AD3d 720 [2011]; Jacino v Sugerman, 10 AD3d 593, 595 [2004]). Although a driver with the right-of-way has a duty to use reasonable care to avoid a collision (see Yelder v Walters, 64 AD3d 762, 764 [2009]; Bonilla v Calabria, 80 AD3d 720 [2011]), a driver with the right-of-way who has only seconds to react to a vehicle that has failed to yield is not comparatively negligent for failing to avoid the collision (see Vainer v DiSalvo, 79 AD3d 1023, 1024 [2010]; Yelder v Walters, 64 AD3d at 764).
In support of their motion for summary judgment, the defendants New York City Transit Authority, MTA Bus Company, and Donna M. Nelson (hereinafter collectively the appellants) demonstrated their prima facie entitlement to judgment as a matter of law with evidence that a bus owned by the New York City Transit Authority and the MTA Bus Company and operated by Nelson was lawfully proceeding northbound in the service lane of Woodhaven Boulevard and that a vehicle operated by Manuel Reinoso, a defendant in action No. 1, in which the plaintiff in action No. 1, Jacqueline Espinal Vazquez, was a passenger, illegally entered the service lane without yielding the right-of-way to the appellants’ bus, and that, within seconds, the two vehicles collided (see Vehicle and Traffic Law § 1128 [a]; § 1143; Jaramillo v Torres, 60 AD3d 734, 735 [2009]; Maliza v Puerto-Rican Transp. Corp., 50 AD3d 650, 651-652 [2008]). In opposition, neither Vazquez nor Reinoso raised a triable issue of fact with respect to the appellants’ alleged negligence (see
Case-law data current through December 31, 2025. Source: CourtListener bulk data.