| Jacobs v New York City Tr. Auth. |
| 2007 NY Slip Op 50022(U) [14 Misc 3d 130(A)] |
| Decided on January 3, 2007 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered August 9, 2005. The judgment, following an inquest, dismissed the complaint and awarded defendant $155 in costs and disbursements.
Judgment modified by vacating the award of $155 in costs and disbursements in favor of defendant; as so modified, affirmed without costs.
In this negligence action, plaintiff seeks $3,500 in damages, claiming that she fell and was injured on a bus operated by defendant New York City Transit Authority after the bus driver braked to a stop. When defendant failed to appear on the trial date, the court conducted an inquest. After inquest, the court ruled that plaintiff failed to prove
her prima facie case because she presented no medical evidence to establish her injuries. We agree with this determination.
At the inquest, plaintiff was required to establish, through admissible evidence, the extent of the injuries she sustained (see Tamburello v Bensonhurst Car & Limo Serv., 305 AD2d 664 [2003]; Godwins v Coggins, 280 AD2d 582 [2001]). Since she failed to do so, the court properly dismissed the complaint. However, under the circumstances presented, we are of the opinion that the award of $155 in costs and disbursements in favor of defendant should be vacated.
Pesce, P.J., Weston Patterson and Belen, JJ., concur.