The issue on appeal in this action for conscious pain and suffering and wrongful death is whether defendant John E. Recore, Jr. (hereinafter defendant) established, as a matter of law, his freedom from negligence under the emergency doctrine. For the following reasons, we conclude that he did not and, accordingly, affirm Supreme Court's denial of his motion for summary judgment.
The undisputed facts are that on July 15, 1993 at about...
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