BENAMY v. CITY OF NEW YORK

In this case, a bus accident occurred after the driver apparently suffered a fatal heart attack. On this record, numerous factual questions are presented as to the foreseeability of the driver's incapacity and the ensuing accident given the driver's history of high blood pressure and his condition on the morning of the accident, at which time he complained of lack of sleep, pain in his hands and sweatiness, and was advised to obtain a substitute driver (cf., State of New York v. Susco, 245 A.D.2d 854). These factual issues precluded the grant of both plaintiffs' and defendants' motions for summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.