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JONES v. NEW YORK CITY TR. AUTH.

153717/15, 6838, 6837.

162 A.D.3d 476 (2018)

78 N.Y.S.3d 347

2018 NY Slip Op 04281

Rebel Jones, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided June 12, 2018.

The motion court properly invoked the emergency doctrine in finding that no issues of fact exist as to defendants' negligence given plaintiff's failure in opposition to adduce any evidence tending to show that the bus operator, defendant Garcia, created the emergency or could have avoided a collision with the nonparty livery taxi by taking some action other than applying his brakes (see Brooks v New York City Tr. Auth.,...

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