KOENIG v. LEE

2007-06188.

2008 NY Slip Op 06286

JAMES KOENIG, plaintiff-respondent, v. SONG B. LEE, defendant-respondent, JOEL H. COHEN, ET AL., appellants.

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

Decided July 15, 2008.


Attorney(s) appearing for the Case

Epstein, Rayhill & Frankini, Woodbury, N.Y. (James Frankini of counsel), for appellants.

Steven Cohn, P.C., Carle Place, N.Y. (Mitchell Goldklang of counsel), for plaintiff-respondent.

Before: ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, RANDALL T. ENG, JOHN M. LEVENTHAL, JJ.


DECISION & ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Joel H. Cohen and Elaine Cohen for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

"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...

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