Hyejun Cho v New York City Tr. Auth.

Holding The court affirmed the dismissal of the complaint against the transit defendants, finding that they established prima facie entitlement to summary judgment by showing the plaintiff’s driver violated traffic laws and was the sole proximate cause of the accident. The surveillance video conclusively established that the bus driver had the right-of-way and insufficient time to react, negating any triable issue of fact regarding comparative negligence.

The court’s words

the NYCTA defendants had the right-of-way, that Wu violated Vehicle and Traffic Law § 1163 when he failed to yield

2026 NY Slip Op 05774, at the official text

a driver with the right-of-way who has only seconds to react to a vehicle which has failed to yield is not comparatively negligent

2026 NY Slip Op 05774, at the official text

the bus surveillance video recording, which conclusively established that Wu was the sole proximate cause of the accident

2026 NY Slip Op 05774, at the official text