Legal Opinion
Stevenson v. Recore
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 1995PublishedCited by 13 opinions
1Opinion of the Court
—White, J.
Appeal from an order of the Supreme Court (Ryan, Jr., J.), entered July 22, 1994 in Clinton County, which denied defendants’ motion for summary judgment dismissing the complaint.
The issue on appeal in this action for conscious pain and suffering and wrongful death is whether defendant John E. Recore, Jr. (hereinafter defendant) established, as a matter of law, his freedom from negligence under the emergency doctrine. For the following reasons, we conclude that he did not and, accordingly, affirm Supreme Court’s denial of his motion for summary judgment.
The undisputed facts are that…
2Cases cited4 opinions
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- Davey v. OhlerAppellate Division of the Supreme Court of the State of New York · 1992
- Woolley v. CoppolaAppellate Division of the Supreme Court of the State of New York · 1992
- Tyson v. BrecherAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by13 opinions
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- Van Ostberg v. CraneAppellate Division of the Supreme Court of the State of New York · 2000
- Burch v. AmatoAppellate Division of the Supreme Court of the State of New York · 1999
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