Rivera v. N Y City Tr. Auth
77 N.Y.2d 322 (N.Y. 1991) Cited 369 timesDiscussing the emergency doctrine and noting that "[t]his doctrine recognizes that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context"
Caristo v. Sanzone
96 N.Y.2d 172 (N.Y. 2001) Cited 215 timesHolding that the emergency doctrine "is still a part of New York law" but declining to apply it to a situation where the defendant lost control of vehicle on an icy road despite knowing that it was below freezing, it had been snowing for two hours, and that he was driving on a hill
Bello v. Transit Auth
12 A.D.3d 58 (N.Y. App. Div. 2004) Cited 121 timesIn Bello v. Transit Auth., 12 A.D.3d 58 (2d Dept 2004) the Court analyzed the question whether the emergency doctrine must be pleaded as an affirmative defense, and determined that the answer depends upon the circumstances of each case.
Lifson v. City of Syracuse
2011 N.Y. Slip Op. 7145 (N.Y. 2011) Cited 52 timesConcluding that error in giving sudden emergency instruction was not harmless where application of the instruction to the facts presented could have affected the outcome of the trial
Kuci v. Manhattan & Bronx Surface Transit Operating Authority
88 N.Y.2d 923 (N.Y. 1996) Cited 56 timesGranting new trial where court refused emergency instruction even though "the bus driver's testimony indicated that the car on his left suddenly and unexpectedly pulled in front of the moving bus"
Miloscia v. New York City Bd. of Educ
70 A.D.3d 904 (N.Y. App. Div. 2010) Cited 32 timesNo. 2009-02718. February 16, 2010. In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Aliotta, J.), dated February 10, 2009, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted by the infant plaintiff Christa Miloscia, an infant under the age of 14 years, by her father and natural guardian, Joseph Miloscia
Evans v. Bosl
75 A.D.3d 491 (N.Y. App. Div. 2010) Cited 18 timesNo. 2009-05140. July 6, 2010. In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Mayer, J.), dated April 27, 2009, as granted that branch of the motion of the defendants Susan A. Bosl and George J. Bosl which was for summary judgment dismissing the complaint insofar as asserted against them. Gruenberg Kelly, P.C., Ronkonkoma, N.Y. (John Aviles of counsel), for appellants. Perez
Johnson v. Ingalls
95 A.D.3d 1398 (N.Y. App. Div. 2012) Cited 10 times2012-05-3 Melissa JOHNSON, Appellant, v. Zachary J. INGALLS et al., Respondents. Premo Law Firm, P.L.L.C., Albany (Brian D. Premo of counsel), for appellant. Melito & Adolfsen, P.C., New York City (Ignatius John Melito of counsel), for respondents. GARRY Premo Law Firm, P.L.L.C., Albany (Brian D. Premo of counsel), for appellant. Melito & Adolfsen, P.C., New York City (Ignatius John Melito of counsel), for respondents. Before: MERCURE, J.P., LAHTINEN, SPAIN, McCARTHY and GARRY, JJ. GARRY, J. Appeal
Davis v. Metro. Transit Auth.
92 A.D.3d 825 (N.Y. App. Div. 2012) Cited 6 times2012-02-21 Maxine DAVIS, respondent, v. METROPOLITAN TRANSIT AUTHORITY, defendant,MTA Bus Company, appellant. Sullivan & Brill, LLP, New York, N.Y. (Courtney M. Haskins and Joseph F. Sullivan of counsel), for appellant. Alan Ross & Associates, P.C., Brooklyn, N.Y. (Stuart K. Gechlik of counsel), for respondent. WILLIAM F. MASTRO Sullivan & Brill, LLP, New York, N.Y. (Courtney M. Haskins and Joseph F. Sullivan of counsel), for appellant. Alan Ross & Associates, P.C., Brooklyn, N.Y. (Stuart K. Gechlik