Streicker v. Adir Rent A Car Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about May 17, 2000, which denied plaintiffs motion for summary judgment on liability and granted defendants’ motion to compel plaintiff to submit to additional physical examinations, unanimously affirmed, without costs.
Summary judgment was properly denied, there being issues of fact as to whether defendant driver was faced with an emergency, and, if so, whether his actions were reasonable within that context (see, Kuci v Manhattan & Bronx Surface Tr. Operating Auth., 88 NY2d 923). The motion court also properly…
2Cases cited2 opinions
- Kuci v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1996
- Dominguez v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
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