Fatumata B. v. Pioneer Transportation Corp.

Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered April 15, 2013, which, insofar as appealed from, granted defendant Jorge A. Soto’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Soto and other witnesses testified that the infant plaintiff ran into the path of Soto’s car from between two parked school buses. Although Soto did not expressly plead the applicability of the emergency doctrine as an affirmative defense, he did plead, as parts of his affirmative defenses, that the accident was solely the result of the…