Marquez v. New York City Transit Authority

Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about December 9, 1997, granting defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the matter remanded for further proceedings.

The 77-year-old plaintiff alleges injuries arising from his fall to the floor of defendant’s bus when it was involved in a collision with another vehicle. Defendant’s orthopedist, examining plaintiff upon his complaints of pain in his ear, right shoulder and neck, lower back and right hand, and of dizziness,…