Dalchand v. Missigman

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the cross motion of Constance Missigman (defendant) to amend her answer to add an affirmative defense based upon the medical emergency doctrine. A driver “who experiences a sudden medical emergency will not be chargeable with negligence provided that the medical emergency was unforeseen” (1A NY PJI 218 [3d ed 2001]; see also, Ficorilli v Thomsen, 262 AD2d 602, 603; State of New York v Susco, 245 AD2d 854, 855). According to her deposition testimony, defendant was stopped in traffic behind the stopped vehicle…