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GILDERSLEEVE v. LEO
Appellate Division of the Supreme Court of New York, Second Department.
Jul 31, 2000
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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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