Samidra Marte, a camp counselor, was escorting a group of kids through a Central Park crosswalk when she supposedly pushed a cyclist--Martin Pavane--out of the way because he failed to stop for the youngsters. (Pavane claimed the woman suddenly jumped in front of his bike and pushed him over.)
After the Kings County Supreme Court granted Marte's request to have Pavane's personal-injury case thrown out, the latter appealed.
Because the underlying facts were in dispute, the Appellate Division, Second Department, thought that the case needed to proceed to trial. (While state law gives a person some leeway in an emergency context, since it was unclear whether Marte had acted reasonably under the circumstances, the AD2 didn't think the case should have been dismissed at such an early stage.)
Are they ready to rumble?
To view a copy of the Appellate Division's decision, please use this link: Pavane v Marte