| Green v Metropolitan Transp. Auth. Bus Co. |
| 2015 NY Slip Op 08458 [26 NY3d 1061] |
| November 19, 2015 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| As corrected through Wednesday, February 3, 2016 |
| Switzerland Green, Appellant, v Metropolitan Transportation Authority Bus Company et al., Respondents, et al., Defendants. |
| Tyese Laws, Appellant, v Metropolitan Transportation Authority Bus Company et al., Respondents. |
Decided November 19, 2015
Green v Metropolitan Transp. Auth. Bus Co., 127 AD3d 421, reversed.
Laurence M. Savedoff, P.L.L.C., Bronx (Laurence M. Savedoff of counsel), for Switzerland Green, appellant.
Parker Waichman LLP, Port Washington (Jay L.T. Breakstone of counsel), for Tyese Laws, appellant.
Morris Duffy Alonso & Faley, New York City (Arjay G. Yao of counsel), for respondents.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs; motion of defendants Metropolitan Transportation Authority Bus Company and Isael Reyes for summary judgment denied; and certified question not answered as unnecessary. On this record, whether the emergency doctrine precludes liability presents a question of fact and, therefore, summary judgment for defendants Metropolitan Transportation Authority Bus Company and Isael Reyes was inappropriate.
Concur: Chief Judge Lippman and Judges Pigott, Rivera, Abdus-Salaam, Stein and Fahey.