Vega v. MTA Bus Co.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- De La Rosa v. Okwan (Appellate Division of the Supreme Court of New York 2017)
- Cabrera v. Apple Provisions, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Boateng v. Ye Yiyan (Appellate Division of the Supreme Court of New York 2014)
- Fatumata B. v. Pioneer Transportation Corp. (Appellate Division of the Supreme Court of New York 2014)
- Fatumata B. v. Pioneer Transportation Corp. (Appellate Division of the Supreme Court of New York 2014)
- Ortiz v. Salahuddin (Appellate Division of the Supreme Court of New York 2013)
- Ortiz v. Salahuddin (Appellate Division of the Supreme Court of New York 2013)
- Moore v. Almanzar (Appellate Division of the Supreme Court of New York 2013)
- Moore v. Almanzar (Appellate Division of the Supreme Court of New York 2013)
- Boateng v. Calle (Appellate Division of the Supreme Court of New York 2013)
- Boateng v. Calle (Appellate Division of the Supreme Court of New York 2013)
- Luetto v. Abreu (Appellate Division of the Supreme Court of New York 2013)
- Luetto v. Abreu (Appellate Division of the Supreme Court of New York 2013)
- Kone v. Rodriguez (Appellate Division of the Supreme Court of New York 2013)
- Kone v. Rodriguez (Appellate Division of the Supreme Court of New York 2013)
- Santos v. Perez (Appellate Division of the Supreme Court of New York 2013)
- Santos v. Perez (Appellate Division of the Supreme Court of New York 2013)
- Kamara v. Ajlan (Appellate Division of the Supreme Court of New York 2013)
- Kamara v. Ajlan (Appellate Division of the Supreme Court of New York 2013)
- Robinson v. Joseph (Appellate Division of the Supreme Court of New York 2012)
- Robinson v. Joseph (Appellate Division of the Supreme Court of New York 2012)
- Pindo v. Lenis (Appellate Division of the Supreme Court of New York 2012)
- Pindo v. Lenis (Appellate Division of the Supreme Court of New York 2012)
- Steinbergin v. Ali (Appellate Division of the Supreme Court of New York 2012)
- Steinbergin v. Ali (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
Order, Supreme Court, New York County (George J. Silver, J.), entered October 11, 2011, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint based on the grounds of lack of negligence and failure to establish a serious injury under the permanent loss, permanent consequential and significant limitation categories of Insurance Law § 5102 (d), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.
Defendants made a prima facie showing that defendant bus driver acted reasonably in an emergency situation not of his own making and thus was not negligent (see Caristo v Sanzone, 96 NY2d 172, 174 [2001]; Rahimi v Manhattan & Bronx Surface
Defendants also made a prima facie showing that plaintiff did not suffer a serious injury within the meaning of Insurance Law § 5102 (d) by submitting expert medical reports finding normal ranges of motion in the claimed affected body parts and no objective evidence that any limitations resulted from the accident (see Spencer v Golden Eagle, Inc., 82 AD3d 589, 590 [2011]). The finding of a minor limitation in plaintiffs lumbar spine by one of defendants’ physicians was “insignificant for purposes of Insurance Law § 5102 (d)” (Rosa-Diaz v Maria Auto Corp., 79 AD3d 463, 464 [2010]). In opposition, plaintiff failed to raise a triable issue of fact, since she did not submit any objective evidence of limitations based on a recent examination of any of the subject body parts (see Shu Chi Lam v Wang Dong, 84 AD3d 515, 516 [2011]; Townes v Harlem Group, Inc., 82 AD3d 583, 584 [2011]). The most current medical evidence upon which plaintiff relied was the affirmed report of one of her treating physicians, outlining treatment she received in 2007, nearly three years before defendants’ experts’ findings of full range of motion (see Zambrana v Timothy, 95 AD3d 422 [2012]). Concur — Saxe, J.P., Catterson, Acosta, DeGrasse and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.