Koziarz v New York City Tr. Auth., 2011 NY Slip Op 08492 [89 AD3d 609]

November 22, 2011

Appellate Division, First Department

— [*1]

Steve S. Efron, New York, for appellants.

Shestack & Young, LLP, New York (Hayes Young of counsel), for respondent.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 18, 2010, which granted plaintiff’s motion to set aside a jury verdict in defendants’ favor, unanimously reversed, on the facts, without costs, and the motion denied. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff was crossing Madison Avenue at 34th Street when he was struck by a Transit Authority bus turning left onto the avenue. The traffic light was in plaintiff’s favor at the time of the accident. Nevertheless, viewed in the light most favorable to defendants, the evidence supports the jury’s finding that defendants were not liable for plaintiff’s injuries ( see Kaminsky v M.T.A. N.Y. City Tr. Auth. , 79 AD3d 411 [2010]; Mazariegos v New York City Tr. Auth. , 230 AD2d 608, 609-610 [1996]). Defendant bus driver testified that before making his turn he scanned the intersection, checked his mirrors, and observed no pedestrians crossing the street; a witness on the bus testified that he [*2] observed plaintiff on the sidewalk about 10 feet from the curb when the bus began its turn; and the physical evidence showed that the point of collision was near the rear tires of the bus. Concur—Moskowitz, J.P., Renwick, DeGrasse, Abdus-Salaam and RomÁn, JJ..