Sacco v. Phillippsen

—Order unanimously reversed on the law with costs and motion denied. Memorandum: Plaintiff commenced this action to recover damages for injuries she sustained when the automobile in which she was a passenger slid off the road and struck a utility pole. Supreme Court erred in granting plaintiffs motion for partial summary judgment on liability against defendants Elizabeth J. Phillippsen (defendant), the driver of the automobile, and Patricia J. Phillippsen, its owner. Plaintiff failed to establish her entitlement to judgment as a matter of law with respect to the applicability of the emergency…