Gildersleeve v. Leo
Cases that cite this one
4 later published cases cite this decision.
- Crawford-Dunk v. MV Transportation, Inc. (Appellate Division of the Supreme Court of New York 2011)
- Flood v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2004)
- Martinez v. Formica (Appellate Division of the Supreme Court of New York 2003)
- Rosa v. Colonial Transit, Inc. (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff Katherine Gildersleeve appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 8, 1999, which denied her motion for partial summary judgment on the issue of liability and to dismiss the defendants’ counterclaim insofar as asserted against her.
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 AD2d 615, 616; Niemiec v Jones, 237 AD2d 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 NY2d 322, 327). Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.