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SANTANA v. METROPOLITAN TRANSP. CO.

8756, 151364/15.

170 A.D.3d 551 (2019)

97 N.Y.S.3d 66

2019 NY Slip Op 02158

Dulce Santana, Appellant, v. Metropolitan Transportation Company et al., Respondents, et al., Defendants.

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

Decided March 21, 2019.

The motion court properly invoked the emergency doctrine in finding that no issues of fact exist as to the MTA's negligence given plaintiff's failure in opposition to adduce any evidence tending to show that the nonparty bus driver created the emergency or could have avoided a collision with a vehicle that suddenly moved into the bus's lane of travel by taking some action other than applying his brakes and turning slightly to the...

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