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PUGH v. NEW YORK CITY HOUSING AUTHORITY

6134 156875/14.

159 A.D.3d 643 (2018)

74 N.Y.S.3d 522

2018 NY Slip Op 02254

CLAYTON H. PUGH, Respondent-Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Appellants-Respondents.

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

Decided March 29, 2018.

The motion court properly denied defendants' motion for summary judgment, as they did not establish their entitlement to application of the emergency doctrine as a matter of law (see Powers v Kyong Kwan Min, 147 A.D.3d 401 [1st Dept 2017]). On the contrary, defendants' moving papers presented inconsistent accounts of the alleged accident; thus, whether the individual defendant was presented with an emergency beyond his control is...

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