charge on the emergency doctrine (New York) · Go Syfert
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charge on the emergency doctrine in New York

7 New York opinions name it 1 courts 1986–2007 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Rivera v. New York City Transit Authoritygreen
ny · 1991 · cited in 4 New York opinions naming this issue, 1992–2007
2 sentences

2007Auth., 77 NY2d 322, 326-327 [1991]).

2003Auth., 77 NY2d 322, 326-327 [1991]; Fuller v Brady, 242 AD2d 522 [1997]).

24
Caristo v. Sanzonegreen
ny · 2001 · cited in 2 New York opinions naming this issue, 2003–2007
2 sentences

2007“A party is entitled to a charge on the emergency doctrine when, viewing the evidence in the light most favorable to that party, there is a reasonable view of the evidence that his or her conduct was the product of a sudden and unforeseeable occurrence not of his or her own making” (Cascio v Metz, 305 AD2d 354, 356 [2003]; see Caristo v Sanzone, 96 NY2d 172, 175 [2001]; Rivera v New York City Tr.

2003A party is entitled to a charge on the emergency doctrine when, viewing the evidence in the light most favorable to that party, there is a reasonable view of the evidence that his or her conduct was the product of a sudden and unforeseeable occurrence not of his or her own making (see Caristo v Sanzone, 96 NY2d 172, 175 [2001]; Rivera v New York City Tr.

22
People v. Jenkinsgreen
ny · 1982 · cited in 2 New York opinions naming this issue, 1986–1992
2 sentences

1992Auth., 77 NY2d 322, 326-327 ; see also, Ferrer v Harris, 55 NY2d 285, 292-293 , mod 56 NY2d 737 ).

1986Defendant driver was confronted by a sudden and unforeseen occurrence not of her own making; thus the question of whether her conduct was reasonable in the face of an emergency was properly one for the jury (Ferrer v Harris, 55 NY2d 285, 292-293 , mod 56 NY2d 737 ).

12
Ferrer v. Harrisgreen
ny · 1982 · cited in 2 New York opinions naming this issue, 1986–1992
2 sentences

1992Auth., 77 NY2d 322, 326-327 ; see also, Ferrer v Harris, 55 NY2d 285, 292-293 , mod 56 NY2d 737 ).

1986Defendant driver was confronted by a sudden and unforeseen occurrence not of her own making; thus the question of whether her conduct was reasonable in the face of an emergency was properly one for the jury (Ferrer v Harris, 55 NY2d 285, 292-293 , mod 56 NY2d 737 ).

12
Cascio v. Metzgreen
nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2007–2007
1 sentence

2007“A party is entitled to a charge on the emergency doctrine when, viewing the evidence in the light most favorable to that party, there is a reasonable view of the evidence that his or her conduct was the product of a sudden and unforeseeable occurrence not of his or her own making” (Cascio v Metz, 305 AD2d 354, 356 [2003]; see Caristo v Sanzone, 96 NY2d 172, 175 [2001]; Rivera v New York City Tr.

11
Holtermann v. Cochettigreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003“A party is entitled to a charge on the emergency doctrine when, viewing the evidence in the light most favorable to that party, there is a reasonable view of the evidence that the party’s conduct was the product of a sudden and unforeseeable occurrence not of the party’s own making” (Holtermann v Cochetti, 295 AD2d 680, 681 [2002] [citation omitted]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Fuller v. Brady neutral
nyappdiv · 1997
1 sentence

2003Auth., 77 NY2d 322, 326-327 [1991]; Fuller v Brady, 242 AD2d 522 [1997]).

12003–2003
Kuci v. Manhattan & Bronx Surface Transit Operating Authority green
ny · 1996
1 sentence

2002Operating Auth., 88 NY2d 923, 924 ).

12002–2002
Hardy v. Sicuranza green
nyappdiv · 1987
1 sentence

1997Since the defendant was not entitled to benefit from a charge on the emergency doctrine, the plaintiffs are entitled to a new trial on the issue of liability (see, Hardy v Sicuranza, 133 AD2d 138, 139 ).

11997–1997
Donaldson v. Kilgore green
nyappdiv · 1992
1 sentence

1997“A party is entitled to a charge on the emergency doctrine when, viewing the proof in the light most favorable to [him] there is a reasonable view of the [proof] that [his] conduct was the product of a sudden and unforeseeable occurrence not of [his] own making” (Donaldson v Kilgore, 187 AD2d 1018, 1019 ; see, Rivera v New York City Tr.

11997–1997

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