Legal Opinion

Maisonet v. Roman

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 2016No. 22180/13 261PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Renwick, J.R

The sudden emergency doctrine defense is frequently interposed in motor vehicle cases involving rear-end collisions. It is, however, usually not a viable defense unless the driver of the offending vehicle is faced with a sudden and unexpected circumstance that is not of his or her own making. In the instant case, a plausible sudden emergency is alleged by defendant driver’s explanation that his vehicle was suddenly cut off at an intersection by another vehicle, which did not have the right-of-way. Unlike the dissent, we are not willing to find as a matter of…

2Cases cited15 opinions

  1. Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
  2. Caristo v. SanzoneNew York Court of Appeals · 2001
  3. Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
  4. Koenig v. LeeAppellate Division of the Supreme Court of the State of New York · 2008
  5. Rivas v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by8 opinions

  1. Powers v. Kyong Kwan MinAppellate Division of the Supreme Court of the State of New York · 2017
  2. Savinon v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
  3. Gallt v. NelkAppellate Division of the Supreme Court of the State of New York · 2025
  4. Jones v. K&C Limousines of New York, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  5. Kaplan v. TsirlinAppellate Division of the Supreme Court of the State of New York · 2018

3 more not listed; retrieve them via the Exa API.

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