George Tossas v John N. Ponce

Tossas v Ponce 2005 NY Slip Op 09467 [24 AD3d 224] December 13, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

George Tossas, Respondent,
v
John N. Ponce et al., Defendants, and Joseph Gisondo, Appellant.

—[*1]

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 7, 2004, which denied defendant-appellant's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

The parties' conflicting deposition testimony raises triable issues of fact with respect to the details of this three-car motor vehicle accident, and whether defendant-appellant could have avoided the impact by taking evasive action or reducing speed, thus precluding summary judgment in his favor based upon the applicability of the emergency doctrine (see Raposo v Raposo, 250 AD2d 420 [1998]). Concur—Tom, J.P., Marlow, Gonzalez and Sweeny, JJ.