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ROSARIO v. NEW YORK CITY TRANSIT AUTH.

73 A.D.2d 912 (1980)

Wilma J. Rosario et al., Appellants, v. New York City Transit Authority, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 7, 1980

Judgment reversed, without costs or disbursements, and new trial granted.

Reversal is required because the trial court's charge to the jury on "emergency" failed to make it clear that the change in the color of the traffic signal facing the defendant's bus driver could not be treated as creating an "emergency". In addition, the court erred in its instruction that the bus driver's deposition, his MV 104 form, and the information...

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