John Grisafi and Jordyn Miller of MMP&S’s Woodbury, New York office prevailed on a motion for summary judgment based on the emergency doctrine in an action involving a five-car motor vehicle accident that occurred on the FDR drive in Manhattan. The court found that we established a prima facie entitlement to summary judgment dismissing the Third-Party Complaint and all cross claims against our client based on deposition testimony that the accident occurred so quickly that our client had little time to consider any other option other than stopping short and striking the plaintiff’s vehicle. The court also found that the oppositions to our motion failed to raise any triable issues of fact concerning whether our client was faced with an emergency situation. Moreover, to the extent that oppositions claimed that the parties’ testimony included conflicting versions of how the accident occurred, none of the testimony established that our client was a proximate cause of the accident.

Practice Area: Auto & Transportation