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JOSEPH DeBLASI, respondent, v. CITY OF NEW YORK, defendant, NEW YORK CITY TRANSIT AUTHORITY, ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The appellants do not challenge the fact that a bus owned by the New York City Transit Authority was involved in the instant accident. The plaintiff, in support of his motion for summary judgment, submitted evidence in admissible form which established as a matter of law that the accident occurred when the bus operator negligently changed lanes, striking the plaintiff's vehicle (see Vehicle and Traffic Law § 1128[a]; Calandra v. Dishotsky, 244 A.D.2d 376). The appellants, in opposition, failed to demonstrate the existence of a triable issue of fact.

ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.

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DeBLASI v. CITY OF NEW YORK
(Jun 9, 2003)