In Martinez v. Moroldo, 160 A.D.2d 387 (1st Dept. 1990), a seven year old severely retarded boy was injured when the van which had been engaged to transport him from school to home dropped him off at the front of his residence and no one there to meet him. The bus driver, not complying with specified procedures, merely watched him walk into the lobby of the building and drove off. The plaintiff wandered back out to the street and was struck by a vehicle. The First Department held that the infant plaintiffs mother's testimony denying that she ever provided permission to the bus company to deliver her son in the absence of another person being on the scene was sufficient to raise a triable issue of fact.