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TOSSAS v. PONCE

24 A.D.3d 224 (2005)

804 N.Y.S.2d 919

GEORGE TOSSAS, Respondent, v. JOHN N. PONCE et al., Defendants, and JOSEPH GISONDO, Appellant.

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

December 13, 2005.

The parties' conflicting deposition testimony raises triable issues of fact with respect to the details of this three-car motor vehicle accident, and whether defendant-appellant could have avoided the impact by taking evasive action or reducing speed, thus precluding summary judgment in his favor based upon the applicability of the emergency doctrine (see Raposo v. Raposo, 250 A.D.2d 420

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