LAURICELLA v. McKINNEY


284 A.D.2d 939 (2001)

726 N.Y.S.2d 510

ERICK S. LAURICELLA, Respondent, v. HEATHER A. McKINNEY et al., Appellants.

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

Decided June 8, 2001.


Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover damages for personal injuries that he sustained in a one-car accident in the State of Michigan. The automobile in which plaintiff was a passenger struck a pool of water during a heavy rainstorm, spun out of control and rolled over. Defendants moved for summary judgment dismissing the complaint based on the "sudden emergency doctrine" under Michigan law (see, Moore...

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