Opinion
June 11, 1992
Appeal from the Supreme Court, Bronx County (Lewis R. Friedman, J.).
Discrepancies in the examinations before trial raise clear issues of fact, including, inter alia, how fast the bus was travelling and whether the sudden stop that caused plaintiff's injuries was avoidable (see, Harris v. Manhattan Bronx Surface Tr. Operating Auth., 138 A.D.2d 56; see also, Ugarriza v Schmieder, 46 N.Y.2d 471, 474).
Concur — Murphy, P.J., Rosenberger, Wallach, Smith and Rubin, JJ.