GONZALEZ v. CITY OF NEW YORK


295 A.D.2d 122 (2002)

742 N.Y.S.2d 301

PETRONILA GONZALEZ et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY, Respondent. NIVEA NIEVES, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent, et al., Defendants.

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

Decided June 4, 2002.


In support of its motion for summary judgment, respondent submitted the affidavit of its bus driver and accident reports indicating that the police car was traveling at a high rate of speed in the opposite direction on a wet road when it suddenly skidded out of control and, almost instantaneously, crossed over into the bus's lane and hit the bus. This sufficed to show, prima facie, the applicability of the emergency doctrine (see, Caban v Vega, 226...

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