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CURLEY-CONCEPCION v. NEW YORK CITY TRANSIT AUTHORITY

276 A.D.2d 463 (2000)

714 N.Y.S.2d 239

JANET D. CURLEY-CONCEPCION, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided October 2, 2000.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence against a common carrier for injuries sustained by a passenger when the vehicle came to a halt, the plaintiff must establish that the stop caused a jerk or lurch that was "unusual and violent" (Urquhart v New York City Tr. Auth., 85 N.Y.2d 828, 830; Trudell v New York Rapid Tr. Corp., 281 N.Y. 82, 85). The plaintiff failed...

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