Batties v. City of New York

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated October 31, 2013, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

On January 20, 2012, at approximately 6:30 p.m., the plaintiff was crossing Eastern Parkway in Brooklyn when he allegedly was struck by an Access-A-Ride van, operated by Francis D. Leon. The plaintiff commenced this action against, among others, the City of New York, the New York City Transit Authority, and Leon to…