If, under some reasonable view of the evidence, an actor was confronted by a sudden and unforeseen occurrence not of the actor's own making, then the reasonableness of the conduct in the face of the emergency is for the jury, which should be appropriately instructed.
Figgiani v. Crociata, NY Slip Op 05645 (2d Dep't July 17, 2019)
Here is the decision.
