Smith v. Perfectaire Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Rings County (Schneier, J.), entered February 9, 1999, which, upon a jury verdict, is in favor of the defendants and against her dismissing the complaint.
Ordered that the judgment is reversed, on the law, and a new trial is granted, with costs to abide the event.
A party is entitled to an emergency doctrine charge if, under some reasonable view of the evidence, the actor was confronted with a sudden and unforeseen occurrence not of the actor’s making (see, Rivera v New York City…
2Cases cited6 opinions
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Hardy v. SicuranzaAppellate Division of the Supreme Court of the State of New York · 1987
- Barath v. MarronAppellate Division of the Supreme Court of the State of New York · 1998
- Summerville v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Moore v. BameAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by10 opinions
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- Pelletier v. LahmAppellate Division of the Supreme Court of the State of New York · 2013
- Stringari v. Peerless Importers, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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