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FRANCIS v. NEW YORK CITY TRANSIT AUTH.

237 A.D.2d 107 (1997)

654 N.Y.S.2d 742

Jamar Francis, Respondent, v. New York City Transit Authority et al., Appellants

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

March 4, 1997

Defendants' bus driver's awareness of the presence of the car ahead for at least 15 seconds and for over a block and a half precludes a finding that the action of the car in stopping was so sudden and unexpected as to warrant an emergency doctrine charge (see, Rivera v New York City Tr. Auth., 77 N.Y.2d 322, 327). In view of the trial court's prior correct decision rejecting defendants' request for an emergency doctrine charge...

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