Copeland v. Bolton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Following commencement of this action and joinder of issue, defendants moved for summary judgment dismissing, as pertinent here, the complaint against them1 on the basis that defendant was faced with an emergency situation not of his making and acted reasonably in view of the circumstances. Finding that defendants failed to meet their threshold burden of demonstrating their entitlement to judgment as a matter of law, Supreme Court denied the motion. Defendants now appeal and we affirm.
Defendants argue that they are entitled to dismissal of the complaint based on the emergency doctrine, which…
2Cases cited10 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Vega v. Restani Construction Corp.New York Court of Appeals · 2012
- Caristo v. SanzoneNew York Court of Appeals · 2001
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Hubbard v. County of MadisonAppellate Division of the Supreme Court of the State of New York · 2012
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