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Gaydos v. NYC Bike Share LLC

Court Denies Dismissal of Personal Injury Complaint by Citi Bike Member Against Defendants

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 were read on this motion to/for           DISMISS. DECISION + ORDER ON MOTION   Upon the foregoing documents, the motion of defendant NYC Bike Share, LLC to dismiss the complaint is denied, in accord with the following memorandum decision. Plaintiff Stephen Gaydos (“Plaintiff”) commenced this action to recover damages for personal injuries he sustained while riding a Citi Bike bicycle in New York City on June 27, 2017. Defendant NYC Bike Share, LLC (“NYCBS”) operates the Citi Bike bicycle-sharing program (Flynn Aff. 1). As alleged in the complaint, Plaintiff, a Citi Bike member, was riding a Citi Bike bicycle when it malfunctioned, allowing the front fender to become dislodged, propelling the plaintiff over the handlebars of the bicycle and causing serious and severe injuries. Plaintiff alleges that the bicycle malfunction was caused by a latent defect to the fender that could not be recognized by a layperson, even upon a reasonable inspection, and that NYCBS and co-defendant Alta Bicycle Share, Inc. (together, “Defendants”) were negligent by failing to properly maintain and inspect Citi Bike bicycles, including the bicycle used by Plaintiff on the day of the injury, for such defects, as required by contract and Defendants’ internal operating procedures (Compl.

9-22). Plaintiff also alleges that Defendants failed to track and respond to maintenance requests, thereby allowing bicycles with latent defects or damage, undetectable to a layperson, to remain in use by Citi Bike members, despite notice of the dangerous condition and knowledge of at least two prior incidents of injury caused by the same fender defect that resulted in Plaintiff’s injuries (Compl.

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