Plaintiff appeals from a judgment of the Civil Court of the City of New York, Bronx County (Ruben Franco, J.), entered September 1, 2011, after a bifurcated trial on the issue of liability, in favor of defendant dismissing the complaint.

Per Curiam.

Judgment (Ruben Franco, J.), entered September 1, 2011, affirmed, without costs, for the reasons stated by Ruben Franco, J. at Civil Court.

In affirming the judgment dismissing this personal injury action, we emphasize the lack of record evidence tending to show that the defendant Transit Authority breached its duty as a common carrier to "use such additional care or to render such aid for [plaintiff's] safety and welfare as [was] reasonably required by [plaintiff's] disability and the existing circumstances" (Kasper v Metropolitan Transp. Auth. Long Is. Bus, 90 AD3d 998, 999 [2011]). In view of the demonstrated efforts made by defendant's bus driver to safely secure plaintiff's oversized, electric wheelchair, the apparent absence from the bus of a strap or harness sufficiently large to secure the wheelchair was not shown to constitute actionable negligence, at least on this record which contains no expert testimony or other competent showing by plaintiff that the actions of the bus driver did not comport with generally accepted industry standards (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2012