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Sutherland v. Superior Paper Co.

304 A.D.2d 351 Court N.Y. App. Div. Decision date 2003-04-08 English

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p. 351
Elaine A. Sutherland et al., Respondents, v Superior Paper Co., Inc., et al., Appellants, and Dasappa K. Ujjani, Respondent.
[756 NYS2d 842]

Order, Supreme Court, Bronx County (Janice Bowman, J.), entered July 29, 2002, which, in an action for personal injuries and wrongful death arising out of a three-car collision, denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Unresolved issues concerning the circumstances surrounding the accident preclude any findings as a matter of law on the issue of liability, including the applicability of the emergency doctrine (compare Gonzalez v City of New York, 295 AD2d 122 [2002]). Concur — Buckley, P.J., Tom, Rosenberger, Lerner and Marlow, JJ.

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