Opinion
No. 229 SSM 21
10-16-2014
Jason PELLETIER, Appellant, v. Brittany LAHM et al., Respondents.
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.
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.
Opinion
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 A.D.3d 807, 809, 975 N.Y.S.2d 135 [2d Dept.2013] ).
Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.