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CARISTO v. SANZONE

96 N.Y.2d 172 (2001)

750 N.E.2d 36

726 N.Y.S.2d 334

ANTOINETTE CARISTO et al., Appellants, v. AUGUSTINE SANZONE et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 2001.

Attorney(s) appearing for the Case

DiJoseph & Portegello, P. C., New York City (Arnold E. DiJoseph, III, of counsel), for appellants.

O'Donnell & McLaughlin, Staten Island (Alan M. McLaughlin of counsel), for respondents.

Chief Judge KAYE and Judges LEVINE, CIPARICK and WESLEY concur with Judge GRAFFEO; Judge ROSENBLATT dissents and votes to affirm in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this motor vehicle accident negligence case is whether the trial court erred in charging the jury on the emergency doctrine. Under the facts presented, we conclude that defendants were not entitled to this instruction.

At approximately 9:00 A.M. on the morning of the accident, defendant Augustine Sanzone was driving a vehicle owned by his wife, defendant Patricia Cinquemani, on Foster Road in Staten Island...

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