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HAROLD S. DOWLING, Respondent, v. CONSOLIDATED CARRIERS CORP. et al., Respondents, and QUEENS TRANSIT CORP. et al., Appellants. (And a Third-Party Action.)

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. Whether the truck in which respondent was a passenger could have been brought to a safe stop had appellants' buses not been standing in the expressway breakdown lane — assuming, for purposes of appellants' motion, that the buses were there unlawfully — is a triable issue of fact which precludes summary judgment.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, TITONE and BOOMER concur in memorandum; Judge ALEXANDER taking no part.

Designated pursuant to N Y Constitution, article VI, § 2.

Order affirmed, etc.

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DOWLING v. CONSOLIDATED CARRIERS CORP
(Jun 28, 1985)