LAURICELLA v. McKINNEY

Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover damages for personal injuries that he sustained in a one-car accident in the State of Michigan. The automobile in which plaintiff was a passenger struck a pool of water during a heavy rainstorm, spun out of control and rolled over. Defendants moved for summary judgment dismissing the complaint based on the "sudden emergency doctrine" under Michigan Law ( see, Moore v. Spangler, 401 Mich. 360, 382-383, 258 N.W.2d 34, 43; Vander Laan v. Miedema, 385 Mich. 226, 231-232, 188 N.W.2d 564, 567). Supreme Court properly denied the motion. Whether the circumstances constituted a "sudden emergency" and whether defendants' conduct was reasonable in light of those circumstances are issues for the trier of fact ( see, Sacco v. Phillippsen, 272 A.D.2d 889; see also, Kuci v. Manhattan Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923, 924).