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LIFSON v. CITY OF SYRACUSE

No. 157.

17 N.Y.3d 492 (2011)

934 N.Y.S.2d 38

2011 NY Slip Op 7145

ALEXANDER LIFSON, as Executor of IRENE LIFSON, Deceased, Appellant, v. CITY OF SYRACUSE, Defendant, and DEREK KLINK, Respondent.

Court of Appeals of New York.

Decided October 13, 2011.

Attorney(s) appearing for the Case

Longstreet & Berry, LLP, Syracuse ( Michael J. Longstreet , of counsel), for appellant.

Costello, Cooney & Fearon, PLLC, Syracuse ( Donald S. DiBenedetto , and Jennifer L. Nuhfer of counsel), for respondent.

Judges CIPARICK, GRAFFEO, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendant Klink was the driver of an automobile that struck plaintiff's decedent, Irene Lifson, while she was crossing the street, causing her death. Pursuant to Klink's claim that the accident occurred while he was temporarily blinded by sun glare, the trial court instructed the jury on the emergency doctrine in his favor. We find that, under these circumstances...

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