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STREICKER v. ADIR RENT A CAR INC.

279 A.D.2d 385 (2001)

719 N.Y.S.2d 562

MARGARET STREICKER, Appellant, v. ADIR RENT A CAR INC. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 23, 2001.

Summary judgment was properly denied, there being issues of fact as to whether defendant driver was faced with an emergency, and, if so, whether his actions were reasonable within that context (see, Kuci v Manhattan & Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923). The motion court also properly directed plaintiff to submit to physical examinations by an orthopedist and rehabilitation-medicine specialist, even though she had...

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