Martinez v. Academy Bus LLC

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered October 15, 2007, which, in an action for personal injuries resulting from a motor vehicle accident in which plaintiffs were passengers in defendants’ bus, granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.

The court improperly granted defendants’ motion based on the emergency doctrine, since the record shows that there are triable issues of fact regarding the applicability of the doctrine, *402including…