Kuci v. Manhattan & Bronx Surface Transit Operating Authority

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and judgment absolute ordered against appellant on the stipulation.

In this personal injury action, plaintiff was a passenger on a bus owned by defendant and driven by defendant’s employee. At trial, plaintiff testified that he was thrown across the aisle and hit his head against a metal pole when the moving bus came to an abrupt halt. According to the driver, he was leaving a designated bus stop when a car suddenly appeared on his left and turned right in front of the moving bus. The driver…