The emergency doctrine provides that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context. Ordinarily, whether there was an emergency and whether the defendant's response was reasonable are questions of fact. However, summary judgment may be granted on the basis of sufficient evidence demonstrating both an emergency and the reasonableness of the actor's response to it.
Callands v. County of Westcheter, NY Slip Op 00489 (2d Dep't February 4, 2026)
