Sutherland v. Superior Paper Co.

Appellate Division of the Supreme Court of New York

Sutherland v. Superior Paper Co.

304 A.D.2d 351, 756 N.Y.S.2d 842, 2003 N.Y. App. Div. LEXIS 3748

Appellate Division of the Supreme Court of the State of New York·Decided April 8, 2003·Published

Opinion

Order, Supreme Court, Bronx County (Janice Bowman, J.), entered July 29, 2002, which, in an action for personal injuries and wrongful death arising out of a three-car collision, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Unresolved issues concerning the circumstances surrounding the accident preclude any findings as a matter of law on the issue of liability, including the applicability of the emergency doctrine (compare Gonzalez v City of New York, 295 AD2d 122 [2002]). Concur — Buckley, P.J., Tom, Rosenberger, Lerner and Marlow, JJ.

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Order, Supreme Court, Bronx County (Janice Bowman, J.), entered July 29, 2002, which, in an action for personal injuries and wrongful death arising out of a three-car collision, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Unresolved issues concerning the circumstances surrounding the accident preclude any findings as a matter of law on the issue of liability, including the applicability of the emergency doctrine (compare Gonzalez v City of New York, 295 AD2d 122 [2002]). Concur — Buckley, P.J., Tom, Rosenberger, Lerner and Marlow, JJ.

Sutherland v. Superior Paper Co., 304 A.D.2d 351, 756 N.Y.S.2d 842, 2003 N.Y. App. Div. LEXIS 3748 (N.Y. Ct. App. 2003).

Pincite

304 A.D.2d 351 (Sutherland v. Superior Paper Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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