Rabassa v. Caldas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered January 11, 2002, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
The court properly denied appellants’ motion for summary judgment since questions of fact exist respecting the applicability of the emergency doctrine, including whether the actions of defendant-appellant Rajwid in quickly moving his vehicle into the left lane were reasonable, how long the vehicle operated by Rajwid was in the left lane before hitting plaintiff’s…
2Cases cited3 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Caristo v. SanzoneNew York Court of Appeals · 2001
- Quiles v. GreeneAppellate Division of the Supreme Court of the State of New York · 2002
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