TYSON v. BRECHER


212 A.D.2d 851 (1995)

622 N.Y.S.2d 344

Roy D. Tyson, Appellant, v. David L. Brecher et al., Respondents

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

February 2, 1995


White, J.

Plaintiff's sole contention on this appeal is that Supreme Court erred in refusing his request to give the emergency doctrine instruction to the jury (1 NY PJI 2:14, at 113-114 [2d ed] [1993 Supp]). Whether Supreme Court should have acceded to plaintiff's request depends upon whether, viewing the evidence in the light most favorable to plaintiff, the proof shows that he was confronted by a sudden and unforeseen occurrence not of his own making...

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