Fonseca v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered September 18, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Flaintiff s testimony at his deposition and at his General Municipal Law •§ 50-h hearing sufficiently established a prima facie case of negligence against defendants. The 81-year-old plaintiff testified that he was injured when the bus he had just boarded “stopped hard,” causing him and other passengers to fall. Flaintiff s…