Legal Opinion

Kusz v. New York City Transit Authority

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

Decided October 11, 2011PublishedCited by 13 opinions

1Opinion of the Court

The plaintiff Alfreda Kusz (hereinafter the injured plaintiff) was crossing Jackson Avenue in Queens County when she was struck by a New York City bus driven by the defendant Jose Mateo (hereinafter the defendant driver). The plaintiffs established their prima facie entitlement to judgment as a matter of law on the issue of liability against the defendants by demonstrating that the defendant driver failed to yield the right-of-way to the injured plaintiff, who was crossing the street within the crosswalk with the pedestrian crossing signal in her favor, after looking both ways (see Benedikt v…

2Cases cited2 opinions

  1. Rosenblatt v. VenizelosAppellate Division of the Supreme Court of the State of New York · 2008
  2. Benedikt v. Certified Lumber Corp.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by13 opinions

  1. Zhu v. NataleAppellate Division of the Supreme Court of the State of New York · 2015
  2. Brown v. MackiewiczAppellate Division of the Supreme Court of the State of New York · 2014
  3. Gomez v. NovakAppellate Division of the Supreme Court of the State of New York · 2016
  4. Dunajski v. KirillovAppellate Division of the Supreme Court of the State of New York · 2017
  5. Tsang v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2015

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