Green v Metropolitan Transp. Auth. Bus Co. 2015 NY Slip Op 08458 Decided on November 19, 2015 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ? 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on November 19, 2015
No. 210 SSM 22
v
Metropolitan Transportation Authority Bus Company, et al., Respondents, Tyese Laws, et al., Defendants.
Tyese Laws, Appellant, v.
v
Metropolitan Transportation Authority Bus Company, et al., Respondents.
Submitted by Laurence M. Savedoff, for appellant Green.
Submitted by Jay L. T. Breakstone, for appellant Laws.
Submitted by Arjay G. Yao, for respondents Metropolitan Transportation Authority Bus Company et al.
On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appeal 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. Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey concur.
Decided November 19, 2015