You are here: / / QUESTION OF FACT WHETHER DEFENDANT’S ACTIONS WERE JUSTIFIED BY THE...

QUESTION OF FACT WHETHER DEFENDANT’S ACTIONS WERE JUSTIFIED BY THE EMERGENCY DOCTRINE IN THIS AUTOMOBILE ACCIDENT CASE; THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined the defendant’s motion for summary judgment pursuant to the emergency doctrine should not have been granted in this automobile accident case:

A white van that was exiting the Parkway proceeded to the stop sign where the off-ramp intersects with Greenleaf Road and then made a sudden left-hand turn in front of the vehicle that defendant was operating. Defendant tried to avoid the van by braking and swerving to the right. In doing so, he maneuvered his vehicle the wrong way onto the off-ramp, where it collided with the driver’s side of the vehicle operated by plaintiff. …

“In general, the issues whether a qualifying emergency existed and whether the driver’s response thereto was reasonable are for the trier of fact” … , and this case is no exception to the general rule. Even assuming, arguendo, that defendant was faced with a qualifying sudden and unexpected emergency, we conclude that defendants failed to meet their initial burden on the motion of establishing that defendant’s conduct was appropriate under the circumstances … . Schwallie v Farnan, 2020 NY Slip Op 05316, Fourth Dept 10-2-20

 

You might also like
CRIMINAL SEXUAL ACT FIRST DEGREE IS NOT A LESSER INCLUDED OFFENSE OF PREDATORY ASSAULT AGAINST A CHILD; THE PROSECUTOR IMPROPERLY INJECTED THE INTEGRITY OF THE DISTRICT ATTORNEY’S OFFICE INTO THE CASE (FOURTH DEPT).
Prosecutorial Misconduct Deprived Defendant of a Fair Trial
Conviction Reversed Because Uncharged Theory Considered by Jury
Question of Fact Whether the Municipality Created the Road Defect Thereby Negating the Notice Requirement—Question of Fact Whether Plaintiff Sufficiently Identified Cause of Fall
FOR CAUSE CHALLENGE TO JUROR WHO WANTED TO HEAR FROM EVERYONE (IMPLICITLY INCLUDING THE DEFENDANT) SHOULD HAVE BEEN GRANTED, CONVICTION REVERSED.
A HOSPITAL HAS A DUTY TO RETAIN AN INTOXICATED PATIENT WHO HAS BEEN ADMITTED INVOLUNTARILY PURSUANT TO THE MENTAL HYGIENE LAW IF THE PATIENT IS INCAPACITATED TO A DEGREE THERE WAS A LIKELIHOOD OF HARM TO THE PATIENT OR OTHERS (FOURTH DEPT).
No Survivorship Language in Joint Bank Account Documents/Evidence the Joint Account Was Created as a Matter of Convenience/Summary Judgment Should Not Have Been Granted Awarding Plaintiff Half the Funds in the Account Upon the Death of the Other Person Named on the Account
THE JURY SHOULD HAVE BEEN INSTRUCTED TO CONSIDER THE INCLUSORY CONCURRENT COUNT (MURDER SECOND) AND THE TOP COUNT (MURDER FIRST) IN THE ALTERNATIVE; THE ERROR NEED NOT BE PRESERVED FOR APPEAL (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE APPEAL WAS HELD IN ABEYANCE AND THE MATTER WAS SENT BACK FOR A RECONSTRUCTION... DEFENDANT ENTITLED TO A HEARING ON HIS MOTION TO VACATE HIS CONVICTION ON THE...