HOTKINS v. NEW YORK CITY TR. AUTH

The uncontradicted evidence that defendant Olejniczak's vehicle pulled in front of the transit defendants' bus abruptly and without signaling, leaving a space of only three feet between the vehicles, and then stopped, forcing defendant bus driver to brake immediately to avoid a collision, established that the bus driver acted reasonably in an emergency situation not of his making ( see Caristo v. Sanzone, 96 N.Y.2d 172, 174; Nieves v. Manhattan Bronx Surface Tr. Oper. Auth., 31 A.D.2d 359, 360-361, lv denied 24 N.Y.2d 741), and warranted the denial of defendant Olejniczak's cross motion for summary judgment.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.