Charles S. Levine, Bronx, for defendant.
Robert T. Johnson, District Attorney of Bronx County (
Lori Ann Larson of counsel), for plaintiff.
OPINION OF THE COURT
JOSEPH J. DAWSON, J. complaint does not allege that the defendant turned to face the passenger at any point during the incident, or was otherwise in a position to observe the purported injury that had occurred. Instead, the complaint states only the bald conclusion that defendant's unnamed passenger had "injure[d] his leg." That conclusory statement provides no basis upon which it can be inferred that defendant knew or had cause to know that his passenger had been injured. Accordingly, the complaint is defective and must be dismissed. (See, People v Dumas, 68 NY2d, supra, at 731.)