Legal Opinion

Davis v. Metropolitan Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 2012PublishedCited by 8 opinions

1Opinion of the Court

The Supreme Court should have granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant MTA Bus Company (hereinafter the defendant) on the ground that it was not at fault in the happening of the subject accident.

“ ‘[T]he emergency doctrine holds that those faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection or reasonably causes them to be so disturbed that they are compelled to make a quick decision without weighing alternative…

2Cases cited13 opinions

  1. Yelder v. WaltersAppellate Division of the Supreme Court of the State of New York · 2009
  2. Bello v. Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  3. Vitale v. LevineAppellate Division of the Supreme Court of the State of New York · 2007
  4. Miloscia v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
  5. Sheppeard v. MurciAppellate Division of the Supreme Court of the State of New York · 2003

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Parastatidis v. Holbrook Rental Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Flores v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
  3. Kagie Hugh Kong v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Kagie Hugh Kong v. MTA Bus Co.Appellate Division of the Supreme Court of the State of New York · 2013
  5. Marri v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2013

3 more not listed; retrieve them via the Exa API.

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