MARTIN v. ALABAMA 84 TRUCK RENTAL, INC.


47 N.Y.2d 721 (1979)

Charles P. Martin, Appellant, v. Alabama 84 Truck Rental, Inc., et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 24, 1979.


Attorney(s) appearing for the Case

Alan Leonard Levy and Eugene A. Wolkoff for appellant.

John Sherman, Lewis I. Wolf and Abraham Shapiro for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On this record we cannot agree with the plaintiff that the court committed error in refusing to charge the emergency doctrine as a justification for the plaintiff's speeding at the time of the accident. This is particularly so when considered in light of the charge given by the court that the emergency doctrine has no application where...

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