Iwata v. Manhattan & Bronx Surface Transit Operating Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered on or about July 13, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish prima facie that the emergency doctrine is applicable to the facts of this case, i.e., that plaintiff’s injuries resulted from defendant bus driver’s reaction to “a sudden and unforeseen emergency not of [his] own making” (Caristo v Sanzone, 96 NY2d 172, 175 [2001]). They submitted the driver’s testimony that a…