Legal Opinion · Dissent
Green v. Metropolitan Transportation Authority Bus Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2015No. 400725/12 13444 13443Published
1DissentTom, J.
This dispute over the traffic accident at issue does not warrant application of the emergency doctrine. Even if the doctrine were applicable, questions of fact exist with respect to both the circumstances of the accident and the propriety of the bus driver’s actions. Since no discovery has been conducted and essential facts within the knowledge of the movant are unavailable to the other parties, summary disposition in favor of defendants Metropolitan Transportation Authority (MTA) and its driver is inappropriate (CPLR 3211 [d]).
The MTA bus was being operated in the right lane on the…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Finkelstein v. Cornell University Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2000
- Herbert v. Morgan Drive-Away, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Herbert v. Morgan Drive-A-Way, Inc.New York Court of Appeals · 1995
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