Vaughn v. Veolia Transportation, Inc.
Court: Appellate Division of the Supreme Court of the State of New York; May 21, 2014; New York; State Appellate Court
A plaintiff, a Police Officer for the Port Authority, appeals a Supreme Court order from April 5, 2013, which granted the defendants' motion to reargue and subsequently dismissed his consolidated complaint for personal injuries resulting from a slip-and-fall incident on a shuttle bus owned by Veolia Transportation, Inc. The incident occurred when wet stairs were caused by passengers tracking in water from a rainstorm. The plaintiff initially filed a negligence claim against Veolia, followed by a second action naming both Veolia and Delta Airlines, which included a negligence claim and a claim under General Municipal Law § 205-e. The defendants sought summary judgment to dismiss the first action before the plaintiff could respond, and the court consolidated the actions. The Supreme Court granted summary judgment on September 11, 2012, but did not consider the defendants' late arguments regarding the § 205-e claim. The defendants later moved to reargue and dismiss the entire consolidated complaint, which the court granted. However, the appellate court reversed this decision, stating the lower court improperly granted the reargument since the defendants did not overlook any facts or law in the original ruling. The dismissal of the consolidated complaint was denied, highlighting that the defendants' arguments regarding the § 205-e claim were not properly before the court during the initial motion. The appellate court's ruling emphasized adherence to procedural standards surrounding summary judgment motions.