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MAISONET v. ROMAN

22180/13, 261.

139 A.D.3d 121 (2016)

30 N.Y.S.3d 24

2016 NY Slip Op 02725

CARMELO MAISONET, Plaintiff, and MIRIAM CIRERA, Respondent, v. MICHAEL ROMAN et al., Appellants.

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

Decided April 7, 2016.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York City (Stewart G. Milch of counsel), for appellants.

Arze & Mollica, LLP, Brooklyn (Raymond J. Mollica of counsel), for respondent.

RICHTER and MANZANET-DANIELS, JJ., concur with RENWICK, J.P.; ANDRIAS and SAXE, JJ., dissent in an opinion by SAXE, J.

OPINION OF THE COURT

The sudden emergency doctrine defense is frequently interposed in motor vehicle cases involving rear-end collisions. It is, however, usually not a viable defense unless the driver of the offending vehicle is faced with a sudden and unexpected circumstance that is not of his or her own making. In the instant...

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