Summary
In Dowling v Consolidated Carriers Corp. (65 NY2d 799), the Court came to a different conclusion in a situation involving a collision on the shoulder of a highway.
Summary of this case from White v. DiazOpinion
Argued May 29, 1985
Decided June 28, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Robert E. White, J.
Peter K. Overzat for Queens Transit Corp. and others, appellants.
Douglas A. Cooper and Steven S. Weiss for Green Bus Lines, Inc., and another, appellant.
Robert S. Markfield for Harold S. Dowling, respondent.
Michael N. Stevens and Stuart E. Kahan for Consolidated Carriers Corp. and others, respondents.
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.