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IWATA v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

2234, 152771/13.

144 A.D.3d 539 (2016)

2016 NY Slip Op 07760

40 N.Y.S.3d 776

MASAKO IWATA, Appellant, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Respondents.

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

Decided November 17, 2016.

Defendants failed to establish prima facie that the emergency doctrine is applicable to the facts of this case, i.e., that plaintiff's injuries resulted from defendant bus driver's reaction to "a sudden and unforeseen emergency not of [his] own making" (Caristo v Sanzone, 96 N.Y.2d 172, 175 [2001]). They submitted the driver's testimony that a taxicab cut him off and made a right turn in front of him as he was slowing down and pulling...

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