September 4, 2023

Applicability of the emergency doctrine.

The court granted that branch of the plaintiff's motion which was to strike the tenth affirmative defense, asserting the emergency doctrine, as the defendants were not faced with a sudden and unexpected circumstance.

Depass v. Mercer Sq., LLC, NY Slip Op 04363 (2d Dep't August 23, 2023)

Here is the decision.