Opinion
July 11, 1994
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered, that the order is affirmed, with costs.
While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where, as here, the unrefuted facts clearly point to the negligence of the decedent, the defendant Richards, without any fault or culpable conduct by the third-party defendant Rajanikant Shah (see, Wank v. Ambrosino, 307 N.Y. 321, 323-324; Forbes v Plume, 202 A.D.2d 821; Morowitz v. Naughton, 150 A.D.2d 536, 537; Carter v. County of Erie, 98 A.D.2d 963; Mildner v. Wagner, 89 A.D.2d 638). The evidence revealed, as a matter of law, that Shah was confronted with a sudden and unanticipated situation which left him with only seconds to react. Thus, the emergency doctrine is applicable and Shah cannot be held liable for the accident (Rivera v. New York City Tr. Auth., 77 N.Y.2d 322, 326; Rowlands v. Parks, 2 N.Y.2d 64, 66-67; Rivas v. Metropolitan Suburban Bus Auth., 203 A.D.2d 349; Denicker v. Denicker, 173 A.D.2d 516). Thompson, J.P., O'Brien, Ritter and Krausman, JJ., concur.