Pelletier v. Lahm

Jason Pelletier v. Brittany Lahm

24 N.Y.3d 966, 19 N.E.3d 491 • 2014-10-16

Citation24 N.Y.3d 966, 19 N.E.3d 491

Date Filed2014-10-16

JudgeAbdus, Graffeo, Lippman, Pigott, Read, Rivera, Salaam, Smith

Cited14 times

StatusPublished

Attorneys

APPEARANCES OF COUNSEL, Burke, Miele & Golden, LLP, Goshen (.Phyllis A. Ingram of counsel), for appellant., Hannum Feretic Prendergast & Merlino, LLC, New York City (Matthew J. Zizzamia of counsel), for respondents.

Full Opinion (html_with_citations)

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and the certified question not answered as unnecessary. The Appellate Division did not err in concluding that the giving of the emergency doctrine charge was proper because “[i]t was for the jury to find whether [defendant driver] was faced with a sudden and unforeseen emergency not of her own making and, if so, whether her response to the situation was that of a reasonably prudent person” (111 AD3d 807, 809 [2d Dept 2013]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.