Legal Opinion

Dennis v. Wood

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

Decided September 9, 1996Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vinik, J.), dated June 7, 1995, which dismissed the complaint after the defense rested.

Ordered that the order is affirmed, with costs.

The plaintiff does not deny that a "friend” pushed her into the back of a moving bus. The record is devoid of evidence that *488the bus driver was negligent in any respect. Accordingly, the trial court properly dismissed the complaint (see, e.g., Rucker v Fifth Ave. Coach Lines, 15 NY2d 516, cert denied 382 US 815; Splain v New York City…

2Cases cited4 opinions

  1. McCloud v. MarcantonioAppellate Division of the Supreme Court of the State of New York · 1984
  2. Splain v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  3. Rucker v. Fifth Avenue Coach Lines, Inc.New York Court of Appeals · 1964
  4. Trillo v. GerryAppellate Division of the Supreme Court of the State of New York · 1987

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