Appellate Division of the Supreme Court of the State of New York November 17, 2016, 2234 152771/13 (Iwata v. Manhattan & Bronx Surface Transit Operating Authority)

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered on or about July 13, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Defendants failed to establish prima facie that the emergency doctrine is applicable to the facts of this case, i.e.