Supreme Court of New York, Appellate Division Affirmed the Supreme Court’s Order Granting the Defendant’s Motion for Summary Judgment Dismissing the Complaint

In Hernandez, the plaintiff alleged he was injured by a vehicle operated by the defendant upon entering the street. The Supreme Court applied the emergency doctrine as a matter of law in this case, because the defendant submitted evidence to show that the plaintiff had run into the street from behind a parked car, leaving the defendant unable to avoid him. Because the plaintiff has failed to raise a triable issue of fact, the judgment is affirmed, and the complaint is dismissed. 

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