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DALCHAND v. MISSIGMAN

288 A.D.2d 956 (2001)

732 N.Y.S.2d 791

CHANDRA DALCHAND et al., Appellants, v. CONSTANCE MISSIGMAN, Respondent, et al., Defendants.

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

Decided November 9, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of Constance Missigman (defendant) to amend her answer to add an affirmative defense based upon the medical emergency doctrine. A driver "who experiences a sudden medical emergency will not be chargeable with negligence provided that the medical emergency was unforeseen" (1A NY PJI 218 [3d ed 2001]; see also, Ficorilli v Thomsen, 262...

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