Mercado v. New York City Transit Authority

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Garry, J.), dated January 5, 1990, which granted the respondent’s motion for summary judgment dismissing the complaint as against it.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff injured her neck, back and left leg in an accident on one of the buses of the New York City Transit Authority on December 29, 1987. At her examination before trial, held on August 3, 1989, the plaintiff testified that she had been…