Likos v. Niagara Frontier Transit Metro System, Inc.

Appeal from a judgment of the Supreme Court, Erie County (John L. Michalski, A.J.), entered October 30. 2015. The judgment Dismissed the complaint upon a jury verdict of no cause of action.

*1475It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages on behalf of decedent, who was killed when the motorcycle he was operating collided with a bus owned by defendant. Prior to Trial, defendant disclosed an expert toxicologist who proposed to testify at trial that decedent was intoxicated on…