Opinion
7270 Index 306533/11
10-09-2018
Jaime REDROVAN, Plaintiff–Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant–Respondent.
Marder, Eskesen & Nass, New York (Joseph B. Parise of counsel), for appellant. Lawrence Heisler, Brooklyn (Harriet Wong of counsel), for respondent.
Marder, Eskesen & Nass, New York (Joseph B. Parise of counsel), for appellant.
Lawrence Heisler, Brooklyn (Harriet Wong of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Webber, Singh, JJ.
Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered on or about August 17, 2017, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established its entitlement to judgment as a matter of law by demonstrating the applicability of the emergency doctrine, in this action where plaintiff was injured when the bus in which he was a passenger stopped suddenly, causing him to fall. Defendant submitted evidence showing that shortly after the bus had started to move after being stopped at a traffic light, a car abruptly pulled in front of it and stopped, cutting the bus off so closely that despite the driver's hard application of the brakes, the bus came within inches of colliding with the car. There is no evidence that the bus driver created the emergency or could have avoided a collision by taking some action other than forcefully applying the brakes (see e.g. Orsos v. Hudson Tr. Corp., 111 A.D.3d 561, 975 N.Y.S.2d 655 [1st Dept. 2013] ; Hotkins v. New York City Tr. Auth., 7 A.D.3d 474, 777 N.Y.S.2d 469 [1st Dept. 2004] ) Plaintiff's opposition, consisting of mere speculation, failed to raise a triable issue of fact.