The motion court properly invoked the doctrine where the plaintiff' adduced no evidence that the defendant-bus operator created the emergency or could have avoided a collision with the nonparty taxi by taking some action other than applying the brakes. The sudden unexpected swerving of the taxi into the bus lane required the defendant to act immediately. His reaction of braking and swerving the bus to the right was reasonable under the circumstances. The defendant's awareness that taxis often cut-off buses does not require a different result.
Jones v. New York City Tr. Auth., NY Slip Op 04281 (1st Dep't June 12, 2018)
Here is the decision.
