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DOWLING v. CONSOL. CARRIERS CORP.

65 N.Y.2d 799 (1985)

Harold S. Dowling, Respondent, v. Consolidated Carriers Corp. et al., Respondents, and Queens Transit Corp. et al., Appellants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Peter K. Overzat for Queens Transit Corp. and others, appellants.

Douglas A. Cooper and Steven S. Weiss for Green Bus Lines, Inc., and another, appellant.

Robert S. Markfield for Harold S. Dowling, respondent.

Michael N. Stevens and Stuart E. Kahan for Consolidated Carriers Corp. and others, respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, TITONE and BOOMER concur in memorandum; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Whether the truck in which respondent was a passenger could have been brought to a safe stop had appellants' buses not been standing in the expressway breakdown lane — assuming, for purposes of appellants' motion, that the buses were there unlawfully — is a triable issue of...

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