OPINION OF THE COURT
FISHER, J.
On this appeal, we address the question of when, if ever, a defendant who plans to rely on the emergency doctrine in a negligence case must plead it as an affirmative defense.
The facts are largely undisputed. The five-year-old plaintiff and her mother were passengers on a bus operated by the defendant Transit Authority of the City of New York (hereinafter the Transit Authority) when the mother noticed a man acting...
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