Green v Metropolitan Transp. Auth. Bus Co.

Nov 19, 2015

210 SSM 22

Versions:26 NY3d 1061

2015 NY Slip Op 08458

Switzerland Green, Appellant,
v
Metropolitan Transportation Authority Bus Company et al., Respondents, et al., Defendants.

Tyese Laws, Appellant, v Metropolitan Transportation Authority Bus Company et al., Respondents.

Decided November 19, 2015

Green v Metropolitan Transp. Auth. Bus Co., 127 AD3d 421, reversed.

APPEARANCES OF COUNSEL

Laurence M. Savedoff, P.L.L.C., Bronx (Laurence M. Savedoff of counsel), for Switzerland Green, appellant.

Parker Waichman LLP, Port Washington (Jay L.T. Breakstone of counsel), for Tyese Laws, appellant.

Morris Duffy Alonso & Faley, New York City (Arjay G. Yao of counsel), for respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs; motion of defendants Metropolitan Transportation Authority Bus Company and Isael Reyes for summary judgment denied; and certified question not answered as unnecessary. On this record, whether the emergency doctrine precludes liability presents a question of fact and, therefore, summary judgment for defendants Metropolitan Transportation Authority Bus Company and Isael Reyes was inappropriate.

Concur: Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey.