NEGRON v. GARCIA

5324, 23194/05, 13981/06, 24933/06, 308564/08.

85 A.D.3d 513 (2011)

925 N.Y.S.2d 58

2011 NY Slip Op 5128

KENNETH NEGRON et al., Respondents, et al., Plaintiffs, v. JEFFREY GARCIA et al., Respondents, and SUPER TRANS N.Y., INC., et al., Appellants. (And Other Actions.)

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

Decided June 14, 2011.


Defendants failed to establish their entitlement to judgment as a matter of law on the basis that the emergency doctrine applied. The subject motor vehicle accident occurred when a vehicle, traveling to the right of defendants' bus, after sustaining mechanical difficulties, struck the bus's rear. Following this first impact, defendant bus driver, in an effort to keep the bus straight, applied the brakes and turned the wheel, but the bus spun around and eventually landed on...

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