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KATHERINE GILDERSLEEVE, APPELLANT, ET AL., PLAINTIFF, v. CATHERINE LEO, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

There are triable issues of fact as to whether the plaintiff Katherine Gildersleeve contributed to the accident by making a sudden stop (see, Maschka v. Newman, 262 A.D.2d 615, 616; Niemiec v. Jones, 237 A.D.2d 267), or whether she was faced with an emergency situation and, if so, whether her actions were reasonable and prudent in that context (see, Rivera v. New York City Tr. Auth., 77 N.Y.2d 322, 327).

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GILDERSLEEVE v. LEO
(Jul 31, 2000)