Vitale v. Levine
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, etc., the plaintiff Johnny Vitale appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (LaMarca, J.), dated July 9, 2006, as granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted by him.
*936Ordered that the order is affirmed insofar as appealed from, with costs.
Under the emergency doctrine, “when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or…
2Cases cited9 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Caristo v. SanzoneNew York Court of Appeals · 2001
- Bello v. Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
- Makagon v. Toyota Motor Credit Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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3Cited by37 opinions
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- Ardila v. CoxAppellate Division of the Supreme Court of the State of New York · 2011
- Lonergan v. AlmoAppellate Division of the Supreme Court of the State of New York · 2010
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