Bello v. Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fisher, J.
On this appeal, we address the question of when, if ever, a defendant who plans to rely on the emergency doctrine in a negligence case must plead it as an affirmative defense.
The facts are largely undisputed. The five-year-old plaintiff and her mother were passengers on a bus operated by the defendant Transit Authority of the City of New York (hereinafter the Transit Authority) when the mother noticed a man acting strangely, repeatedly boarding and then exiting the bus. The last time the man exited, he left behind a large orange bag. The contents of the bag began…
2Cases cited9 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Caristo v. SanzoneNew York Court of Appeals · 2001
- Sadowski v. Long Island R.R. Co.New York Court of Appeals · 1944
- Amaro v. City of New YorkNew York Court of Appeals · 1976
- Rogoff v. San Juan Racing Ass'n, Inc.New York Court of Appeals · 1981
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3Cited by56 opinions
- Vitale v. LevineAppellate Division of the Supreme Court of the State of New York · 2007
- Miloscia v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 2010
- Koenig v. LeeAppellate Division of the Supreme Court of the State of New York · 2008
- D'Augustino v. Bryan Auto Parts, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Makagon v. Toyota Motor Credit Corp.Appellate Division of the Supreme Court of the State of New York · 2005
51 more not listed; retrieve them via the Exa API.