Imtiaz v Tapia

Holding The Appellate Division reversed the lower court’s order, granting the defendants leave to amend their answer to assert the emergency doctrine and granting summary judgment dismissing the complaint against them. The court found that the defendants established they were not negligent in responding to an emergency not of their own making, and the plaintiff failed to raise a triable issue of fact.

The court’s words

Permission to amend a pleading should be "freely given" (CPLR 3025[b]; see Edenwald Contr. Co. v City of New York, 60 NY2d 957, 959).

2026 NY Slip Op 06422, at the official text

The defendants established, prima facie, that Irene was not negligent in bringing the Moreira vehicle to a stop in response to an emergency situation not of her own making

2026 NY Slip Op 06422, at the official text

The plaintiff failed to submit an affirmation from a person with personal knowledge of the facts denying Irene's version of the accident

2026 NY Slip Op 06422, at the official text