Kaminsky v. M.T.A. New York City Transit Authority

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered November 5, 2009, which, in an action for personal injuries, denied plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

*412Plaintiff, a pedestrian, was struck by defendants’ left-turning bus while crossing the street within the crosswalk at a controlled intersection. The traffic light was in plaintiffs favor at the time of the accident. Nevertheless, plaintiffs claim that she had the right:of-way hinges upon whether or not the bus was in motion when she stepped into the…