In this personal injury action arising out of a motor vehicle accident, plaintiff moves for partial summary judgment on the issue of liability in her favor, and to strike the affirmative defense of comparative negligence. (Motion Seq. No. 002.) Defendants separately move for summary judgment dismissing the action on the ground that plaintiff has not suffered a serious injury within the meaning of Insurance Law §5102 (d). (Motion Seq. No. 003.) This decision addresses both motions.

BACKGROUND

Plaintiff alleges that, on December 19, 2008, at approximately 12:30 p.m., he was a passenger on a BX6 bus allegedly owned by defendants and operated by defendant Gilbert Rivera, heading eastbound on West 155th Street in Manhattan towards the McCombs Dam Bridge and Yankee Stadium. According to plaintiff, the bus rear-ended a 2003 Chevrolet bearing New York State registration DWJ4992, allegedly owned and operated by non-party Carlton Cornelius, on West 155th Street. Rivera testified at his deposition that there was heavy snow on the day of the accident. (Cortelli Affirm., Ex C [Rivera EBT], at 17.) He testified that, after he pulled out

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of the bus stop at St. Nicholas Avenue, “I apply my brakes because I saw my, one of the dispatchers coming up the hill. I apply my brakes and as I apply my brakes I start sliding.” (Id. at 37.) Rivera testified that he tried to turn the wheel to the left “to turn like into St. Nick, but the bus just kept on going straight.” (Id. at 39.) He stated, “I just held onto the steering wheel and kept my foot on the brake and hit the car in front.” (Id.) According to Rivera, the bus came into contact with a stopped car, and that the vehicle was stopped when he first saw it. (Id. at 44.) Plaintiff testified at his statutory hearing that “the bus crashed into the cars that were parked at the light.” (Cortelli Affirm., Ex A, at 11.)