Doored Bicyclist Archives - Pospis Law, PLLC

November 4, 2014 by mjpospis

“Doored” Cyclist’s Case Dismissed Against MTA

The elements of a negligence claim brought under New York law are well settled. They are: (1) a duty owed to the plaintiff by the defendant; (2) breach of that duty; and (3) injury substantially caused by that breach. Thus, even if the defendant is negligent, there can be no recovery unless the plaintiff shows that…

MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi Passenger

In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…