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VITALE v. LEVINE

44 A.D.3d 935 (2007)

844 N.Y.S.2d 105

JOHNNY VITALE, Appellant, et al., Plaintiff, v. DEBORAH LEVINE et al., Respondents.

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

Decided October 23, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the emergency doctrine, "when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the...

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