Walker v. Gray Line New York

Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered December 9, 2016, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant failed to establish entitlement to judgment as a matter of law in this action where plaintiff alleges that he was struck by defendant’s red double decker tour bus that had the words “Gray Line” on the side. Defendant’s submissions did not demonstrate that the bus that struck plaintiff was not a Gray Line bus (see Jiann Hwa Fang v Metropolitan Transp. Auth., 148 AD3d 791 [2d Dept…