Gutierrez v. Hoyt Transportation Corp.

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered July 18, 2012, which, insofar as appealed from, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiffs infant daughter, Deyandely, was struck by a school bus as she ran across the Grand Concourse while fleeing a melee that had erupted on the sidewalk near where she had been walking. The bus driver’s deposition testimony that there was no traffic around him or in or in any of the north- or southbound lanes to his left, which Deyandely had crossed before…