Tallant v. Grey Line New York Tours, Inc.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered June 16, 2008, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

It was raining on the afternoon of October 8, 2005, and all the passengers on the Gray Line double-decker bus were on the lower level. The injured plaintiff testified that he had been standing on the right passenger side, holding the guardrail, when the tour guide told him to step back from the doorway. There were no seats left. As he was talking to the guide, defendant driver slammed on the…