| Shalot v Schneider Natl. Carriers, Inc. |
| 2008 NY Slip Op 10153 [57 AD3d 885] |
| December 23, 2008 |
| Appellate Division, Second Department |
| Steven G. Shalot, Appellant, v Schneider National Carriers, Inc.,et al., Respondents. |
—[*1] Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Harry Steinberg and Steven B.Prystowsky of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of theSupreme Court, Kings County (Johnson, J.), dated August 28, 2007, which, upon a jury verdict on theissue of liability, is in favor of the defendants and against him dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
On the morning of December 26, 2002, one day after a six-inch snowfall, the plaintiff was drivinghis vehicle on Lawrence Street in New Hyde Park. He entered the intersection with New Hyde ParkRoad, intending to make a left turn, when the rear of his vehicle was struck by a tractor-trailer beingdriven on New Hyde Park Road by the defendant Aleksander Orer in the course of his employmentwith the defendant Schneider National Carriers, Inc. (hereinafter Schneider). The plaintiff and Orereach alleged that he had a green light.
The plaintiff contends that the Supreme Court erred in giving the jury an emergency doctrineinstruction because Orer was not faced with a sudden and unforeseen occurrence. However, anyalleged error in charging the emergency doctrine was harmless and does not require a reversal underthe circumstances of this case. Following the court's instructions, the jury found that Orer was negligent,but that his negligence was not a substantial factor in causing the accident. Thus, the jury rejected theemergency doctrine when it found that Orer was negligent (cf. Amodeo v Cumella, 41 [*2]AD3d 396, 398 [2007]; see generally Silverstein v Marine Midland Trust Co. of N.Y., 35 AD3d840 [2006]).
Contrary to the plaintiff's position, the Supreme Court properly admitted into evidence photographsof a tractor-trailer that was similar to the tractor-trailer involved in the accident, since Orer testified thatthe photographs fairly and accurately represented the tractor-trailer he was driving at the time of theaccident (see Cubeta v York Intl. Corp.,30 AD3d 557, 561 [2006]; Kartychak v Consolidated Edison of N.Y., 304 AD2d 487[2003]). Additionally, the testimony given by the defendants' accident reconstruction expert verified thatthe tractor-trailer depicted in the photographs was comparable in height and length to the one involvedin the accident.
The plaintiff's remaining contentions are without merit. Rivera, J.P., Angiolillo, Eng and Belen, JJ.,concur.