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CORDES v. TORRISI

Appellate Division of the Supreme Court of New York, Second Department.
Mar 18, 1985

Judgment affirmed, with costs.

Plaintiffs were injured in a collision when defendant's automobile went out of control, allegedly because the steering mechanism malfunctioned. The trial court charged the emergency doctrine, over objection, in accordance with 1 PJI 2:14. The jury returned a verdict for the defendant.

Under the circumstances, the emergency charge was properly given ( Liability of owner or operator of motor vehicle for accident resulting from alleged breaking of or defect in steering mechanism, Ann., 23 ALR2d 539, 548-549), and the issues were properly submitted to the jury for its resolution (3 Encyclopedia N Y Law, Automobiles ยง 2124). Mollen, P.J., Titone, Lazer and Thompson, JJ., concur.