Oates v. New York City Transit Authority

Tom, J.P., and Andrias, J.,

dissent in a memorandum by Tom, J.P., as follows:

Plaintiffs’ decedent’s body was found lying face down on the southbound service road of the Henry Hudson Parkway in the Bronx, approximately five feet from the curb near the front of a bus stop. After an investigation, it was established, by DNA evidence, that the decedent was run over by bus 8865 operated by defendant New York City Transit Authority. The bus driver, Vincent Brady, and the passengers in the bus at the time of the occurrence did not see, feel or hear the bus come into contact with decedent. How…