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HOTKINS v. NEW YORK CITY TRANSIT AUTHORITY

7 A.D.3d 474 (2004)

777 N.Y.S.2d 469

FRANCES HOTKINS ET AL., Appellants-Respondents, v. NEW YORK CITY TRANSIT AUTHORITY ET AL., Respondents, and MAREK OLEJNICZAK, Respondent-Appellant.

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

May 27, 2004.

The uncontradicted evidence that defendant Olejniczak's vehicle pulled in front of the Transit defendants' bus abruptly and without signaling, leaving a space of only three feet between the vehicles, and then stopped, forcing defendant bus driver to brake immediately to avoid a collision, established that the bus driver acted reasonably in an emergency situation not of his making (see Caristo v Sanzone, 96 N.Y.2d 172, 174 [2001]...

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