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PELLETIER v. LAHM

No. 229 SSM 21

24 N.Y.3d 966 (2014)

19 N.E.3d 491

2014 NY Slip Op 07011

JASON PELLETIER, Appellant, v. BRITTANY LAHM et al., Respondents.

Court of Appeals of New York.

Decided October 16, 2014.

Attorney(s) appearing for the Case

Burke, Miele & Golden, LLP, Goshen ( Phyllis A. Ingram of counsel), for appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York City ( Matthew J. Zizzamia of counsel), for respondents.

Concur: Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and the certified question not answered as unnecessary. The Appellate Division did not err in concluding that the giving of the emergency doctrine charge was proper because "[i]t was for the jury to find whether [defendant driver] was faced with a sudden and unforeseen emergency not of her own making and, if...

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