Legal Opinion
Andreca v. Cash World Tours, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2016No. 2015-02665PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Nahman, J.), entered January 22, 2015, which granted the defendants’ motion for summary judgment dismissing the amended complaint.
Ordered that the order is affirmed, with costs.
“To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle comes to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was unusual and violent. Proof that the stop was unusual or violent must…
2Cases cited9 opinions
- Urquhart v. New York City Transit AuthorityNew York Court of Appeals · 1995
- Golub v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Guadalupe v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Black v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 2011
- Rayford v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2009
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ladenheim v. Starr Transit Co.District Court, E.D. Pennsylvania · 2017
- Bethune v. MTA Long Island BusAppellate Division of the Supreme Court of the State of New York · 2016
- Bethune v. MTA Long Island BusAppellate Division of the Supreme Court of the State of New York · 2016
- Joo Yeon Park v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2024
- Mastrantonakis v. Metropolitan Transp. Auth.Appellate Division of the Supreme Court of the State of New York · 2019