Appellate Division of the Supreme Court of the State of New York August 16, 2011 (McConnell v. Santana)

By summons and complaint dated May 23, 2002, the plaintiff commenced this action to recover damages, inter alia, for the wrongful death of her son who was killed when the rear wheel of a bus owned by the defendant New York City Transit Authority (hereinafter the NYCTA) and operated by the defendant Hiram Santana ran over him after he apparently fell off a bicycle he was riding alongside the bus