DiSalvatore v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lipp*403mann, J.), entered June 20, 2006, which, in an action for personal injuries sustained by plaintiff while a passenger on defendants’ bus, granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff, 84 years old at the time of the accident, testified at deposition that after boarding the bus, she walked “shakily” toward a seat because the bus was “speeding,” “swaying,” “jolting from side to side,” “bouncing up and down,”…