Legal Opinion

Yant v. Mile Square Transportation, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 2011Published

1Opinion of the Court

Plaintiff established his entitlement to judgment as a matter of law by stating that he was injured when defendants’ school bus hit the rear of the bus on which he was riding (see Johnson v Phillips, 261 AD2d 269, 271 [1999]). In opposition, defendants raised a triable issue of fact by attaching the complete police accident report, which listed all of the passengers on the buses and did not include plaintiffs name. This document, which was admissible as a business record (see Holliday v Hudson Armored Car & Courier Serv., 301 AD2d 392, 396 [2003], lv dismissed in part and denied in part 100…

2Cases cited5 opinions

  1. Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
  2. Holliday v. Hudson Armored Car & Courier Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Blue Cross and Blue Shield of New Jersey, Inc. v. PHILIP MORRIS USA INCORPRATEDNew York Court of Appeals · 2003
  4. Bartee v. D & S Fire Protection Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007

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