Legal Opinion

Montes v. New York City Transit Authority

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

Decided October 23, 2007PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Kavanagh, J.

The infant plaintiff Miguel Montes, who was 11 years old at the time of the accident, was crossing the street when he was struck by a New York City Transit Authority bus. After trial, the jury found that defendants were not negligent.

The verdict is supported by a fair interpretation of the evidence (see Nicastro v Park, 113 AD2d 129, 133-135 [1985]; McDermott v Coffee Beanery, Ltd., 9 AD3d 195, 206-207 [2004]), including the testimony of defendants’ expert and defendant bus driver that the infant plaintiff darted into the crosswalk, against the light and in…

2Cases cited10 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
  3. McDermott v. Coffee Beanery, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Messinger v. Mount Sinai Medical CenterAppellate Division of the Supreme Court of the State of New York · 2005
  5. National States Electric Corp. v. LFO Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. SIEMUCHA, PAUL v. GARRISON, ROBERT D.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Nugent v. Diocese of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2016
  3. Hernandez v. VavraAppellate Division of the Supreme Court of the State of New York · 2009
  4. Christopher v. Coach Leasing, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Kolmar Americas, Inc. v. Marathon Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 2011

13 more not listed; retrieve them via the Exa API.

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