ROSARIO v. MORIAS


8 A.D.3d 108 (2004)

778 N.Y.S.2d 166

ELIZABETH ROSARIO, Appellant, v. ROBERT MORIAS, Respondent.

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

June 15, 2004.


Plaintiff was crossing the street in the middle of the block, emerging from between two parked vehicles, when she was struck by defendant's automobile. She testified that she looked before crossing, saw the light was red and did not see any cars moving. Defendant stated that he did not see the five-foot-tall plaintiff until one second before the accident. The trial court properly charged the jury with the emergency doctrine. A reasonable view of the evidence indicates that...

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