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FULLER v. BRADY

242 A.D.2d 522 (1997)

661 N.Y.S.2d 678

Edmond J. Fuller et al., Appellants, v. Patrick A. Brady, Respondent

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

September 8, 1997

Ordered that the judgment is reversed, on the law, with costs, the complaint is reinstated, and the matter is remitted to the Supreme Court, Westchester County, for a new trial on the issue of liability.

"A party is entitled to a charge on the emergency doctrine when, viewing the proof in the light most favorable to [him] there is a reasonable view of the [proof] that [his] conduct was the product of a sudden and unforeseeable...

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