Rivera v. New York City Transit Authority

Order, Supreme Court,'New York County (Robert D. Lippmann, J.), entered May 23, 2003, which, to the extent appealed from, denied plaintiffs motion for summary judgment as to liability, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of deeming defendants’ answers to assert the affirmative defense of medical emergency, and otherwise affirmed, without costs.

Defendants’ submissions in opposition to plaintiffs summary judgment motion were sufficient to raise a triable issue as to whether defendant bus driver’s loss of vehicular control was attributable…