Legal Opinion

Lifson v. City of Syracuse

New York Court of Appeals

Decided October 13, 2011PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

Defendant Klink was the driver of an automobile that struck plaintiffs decedent, Irene Lifson, while she was crossing the street, causing her death. Pursuant to Klink’s claim that the accident occurred while he was temporarily blinded by sun glare, the trial court instructed the jury on the emergency doctrine in his favor. We find that, under these circumstances, it was error to give the jury the emergency instruction.

Both Lifson and Klink worked in the MONY Plaza, a large office complex in Syracuse containing two 20-story high-rise office towers. MONY…

2Cases cited4 opinions

  1. Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
  2. Caristo v. SanzoneNew York Court of Appeals · 2001
  3. Ferrer v. HarrisNew York Court of Appeals · 1982
  4. Garricks v. City of New YorkNew York Court of Appeals · 2003

3Cited by42 opinions

  1. Bedor v. JohnsonSupreme Court of Colorado · 2013
  2. Kenney v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2012
  3. Shanahan v. MackowiakAppellate Division of the Supreme Court of the State of New York · 2013
  4. DALTON, JAMES R. v. LUCAS, FREDERICK J.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Starkman v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2013

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