Koziarz v New York City Tr. Auth.

Koziarz v New York City Tr. Auth. 2011 NY Slip Op 08492 Decided on November 22, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 22, 2011
Moskowitz, J.P., Renwick, DeGrasse, Abdus-Salaam, Román, JJ.
6142 108637/03

[*1]Matthew Koziarz, Plaintiff-Respondent,

v

New York City Transit Authority, et al., Defendants-Appellants, Manhattan and Bronx Surface Transit Operating Authority, Defendant.




Steve S. Efron, New York, for appellants.
Shestack & Young, LLP, New York (Hayes Young of
counsel), for respondent.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 18, 2010, which granted plaintiff's motion to set aside a jury verdict in defendants' favor, unanimously reversed, on the facts, without costs, and the motion denied. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff was crossing Madison Avenue at 34th Street when he was struck by a Transit Authority bus turning left onto the avenue. The traffic light was in plaintiff's favor at the time of the accident. Nevertheless, viewed in the light most favorable to defendants, the evidence supports the jury's finding
that defendants were not liable for plaintiff's injuries (see Kaminsky v M.T.A. N.Y. City Tr. Auth., 79 AD3d 411 [2010]; Mazariegos v New York City Tr. Auth., 230 AD2d 608, 609-610 [1996]). Defendant bus driver testified that before making his turn he scanned the intersection, checked his mirrors, and observed no pedestrians crossing the street; a witness on the bus testified that he [*2]observed plaintiff on the sidewalk about 10 feet from the curb when the bus began its turn; and the physical evidence showed that the point of collision was near the rear tires of the bus.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 22, 2011

CLERK