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NICOLE BLASS et al., Respondents, v. CLARABELLE MI HONG et al., Appellants.

The emergency doctrine was properly charged since the reasonableness of defendant Ricky Sarg's conduct was for the jury ( see, Kuci v. Manhattan Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923). The situation here, in which defendant Sarg's car ran off the turnpike and struck plaintiffs in what Sarg claimed was an effort to avoid decedent's vehicle that was illegally stopped at night without its brake lights on in a lane of traffic, raised an issue of fact for jury resolution.

We reject defendant Hong's argument that the conduct of the other driver was the sole proximate cause of the accident since there can be more than one proximate cause, and that issue was properly submitted to the jury. We find that none of the awards deviate materially from what is reasonable compensation under the circumstances.

Concur — Sullivan, J.P., Ellerin, Tom, Mazzarelli and Andrias, JJ.

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BLASS v. HONG
(Jun 5, 1997)