Legal Opinion
Gaines v. City of New York
New York Supreme Court
Decided June 27, 2005Published
1Opinion of the Court
*969OPINION OF THE COURT
Paul A. Victor, J.
Issue Presented
When a plaintiff is injured through the use of a vehicle owned by the City of New York but operated by the New York City Transit Authority, is the defendant City liable by virtue of its ownership of the vehicle pursuant to Vehicle and Traffic Law § 388? The issue appears to be one of first impression in this state.1
Facts and Legal Argument
Plaintiff Janie Gaines was allegedly injured on June 21, 2002, while a passenger on the No. 22 bus in Bronx County. At the time of the accident, plaintiff, who uses a wheelchair, was assisted by a home…
2Cases cited34 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
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