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BAPTISTE v. NEW YORK CITY TRANSIT AUTHORITY

276 A.D.2d 730 (2000)

715 N.Y.S.2d 156

MARIE J. BAPTISTE et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 30, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendants' motion for summary judgment dismissing the complaint. The Supreme Court held that the defendants cannot be held vicariously liable for the acts committed by their employee bus driver in attempting to eject the plaintiff Marie Jean Baptiste from a bus. There...

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