Legal Opinion

Centeno v. Metropolitan Transportation Authority Long Island Bus

New York Supreme Court

Decided October 22, 2002Published

1Opinion of the Court

OPINION OF THE COURT

Daniel Palmieri, J.

This is a motion by the Metropolitan Transportation Authority defendant for summary judgment pursuant to CPLR 3212 dismissing the complaint based on liability and the failure of *618the plaintiff to have sustained a “serious injury” under Insurance Law § 5102. The motion is granted and the complaint is dismissed.

Plaintiff was a passenger on defendant’s bus on November 16, 1999. She left her seat as the bus approached her stop, was holding onto a pole when the bus “stopped suddenly” and she fell because “the impact was very heavy and I couldn’t keep on…

2Cases cited22 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Gaddy v. EylerNew York Court of Appeals · 1992
  4. Licari v. ElliottNew York Court of Appeals · 1982
  5. Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988

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