Tyson v. Brecher
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWhite, J.
Appeal from a judgment of the Supreme Court (Torraca, J.), entered August 9, 1993 in Ulster County, upon a verdict rendered in favor of plaintiff.
Plaintiff’s sole contention on this appeal is that Supreme Court erred in refusing his request to give the emergency doctrine instruction to the jury (1 NY PJI 2:14, at 113-114 [2d ed] [1993 Supp]). Whether Supreme Court should have acceded to plaintiff’s request depends upon whether, viewing the evidence in the light most favorable to plaintiff, the proof shows that he was confronted by a sudden and unforeseen occurrence not of his own making (see,…
2Cases cited6 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Hardy v. SicuranzaAppellate Division of the Supreme Court of the State of New York · 1987
- Pincus v. CohenAppellate Division of the Supreme Court of the State of New York · 1993
- McCarthy v. MillerAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by8 opinions
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- Stevenson v. RecoreAppellate Division of the Supreme Court of the State of New York · 1995
- MacFarland v. ReedAppellate Division of the Supreme Court of the State of New York · 1999
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