From Casetext: Smarter Legal Research

Finnegan v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 557 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

Appeal from the Supreme Court, Westchester County (Nicolai, J.).


Ordered that the order is affirmed, with one bill of costs.

The Supreme Court correctly determined that issues of fact with regard to whether the plaintiff Courtney E. Finnegan was faced with a sudden and unexpected circumstance, possibly created by the defendants' negligence, precluded a grant of summary judgment at this juncture (see, Kuci v. Manhattan Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923, 924; Rivera v. New York City Tr. Auth., 77 N.Y.2d 322, 327; Barber v. Young, 238 A.D.2d 822; Caban v. Vega, 226 A.D.2d 109, 111).

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.


Summaries of

Finnegan v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 557 (N.Y. App. Div. 1999)
Case details for

Finnegan v. Martinez

Case Details

Full title:COURTNEY E. FINNEGAN et al., Respondents, v. LOUIS MARTINEZ et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 16, 1999

Citations

258 A.D.2d 557 (N.Y. App. Div. 1999)
683 N.Y.S.2d 895

Citing Cases

Stathis v. Mercy Medical Center

The Supreme Court erred in concluding, as a matter of law, that the emergency doctrine was applicable. There…