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MENDOZA-JIMENEZ v. NEW YORK CITY TRANSIT AUTHORITY

1476, 300460/10.

140 A.D.3d 522 (2016)

34 N.Y.S.3d 893

2016 NY Slip Op 04800

CAROL MENDOZA-JIMENEZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2016.

In her notice of claim, plaintiff attributed her injury to an improperly operated or defective lift mechanism on a bus she had boarded. Her deposition testimony, however, makes it unequivocally clear that the lift mechanism of the bus was never engaged and played no role in her injury, but that her injury was caused when "the bus driver took off," causing the bus to "jerk[]" abruptly. Although plaintiff could have moved, pursuant...

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