Martin v. Alabama 84 Truck Rental, Inc.

CourtNew York Court of Appeals
Writing for the CourtCOOKE
Citation47 N.Y.2d 721,417 N.Y.S.2d 56,390 N.E.2d 774
Parties, 390 N.E.2d 774 Charles P. MARTIN, Appellant, v. ALABAMA 84 TRUCK RENTAL, INC., et al., Respondents, et al., Defendant.
Decision Date24 April 1979
Alan Leonard Levy and Eugene A. Wolkoff, New York City, for appellant.

The order of the Appellate Division should be affirmed, with costs.

On this record we cannot agree with the plaintiff that the court committed error in refusing to charge the emergency doctrine as a justification for the plaintiff's speeding at the time of the accident. This is particularly so when considered in light of the charge given by the court that the emergency doctrine has no application where the plaintiff participated in the creation of the emergency (cf. Johnson v. Hickson, 43 N.Y.2d 906, 908, 403 N.Y.S.2d 722, 723, 374 N.E.2d 616, 617). Nor do we agree that the court erred in allowing cross-examination on the plaintiff's failure to renew his driver's license. Although such testimony is inadmissible on the issue of negligence, the record reveals that the court allowed the jury to consider this solely on the issue of credibility. The nature and extent of the cross-examination on the question of credibility is within the sound discretion of the Trial Judge and therefore beyond our review (Richardson, Evidence, § 500, at p. 485).

We have reviewed plaintiff's other contentions of prejudicial error allegedly committed by the trial court and find such contentions insufficient to require a reversal.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG, JJ., concur in memorandum.

Order affirmed.

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13 cases
  • Goldstein v. U.S., 95-CV-3950 (JS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 22, 1998
    ...emergency." Sweeney v. McCormick, 159 A.D.2d 832, 552 N.Y.S.2d 707, 708 (3d Dep't 1990) (citing Martin v. Alabama 84 Truck Rental, Inc., 47 N.Y.2d 721, 417 N.Y.S.2d 56, 390 N.E.2d 774 In situations where drivers are confronted with completely unexpected circumstances, such as a vehicle ente......
  • Tripp v. Williams
    • United States
    • United States State Supreme Court (New York)
    • February 7, 2013
    ...779 [citing Feldsberg v. Nitschke, 49 N.Y.2d 636, 643, 427 N.Y.S.2d 751, 404 N.E.2d 1293 (1980) and Martin v. Alabama 84 Truck Rental, 47 N.Y.2d 721, 722, 417 N.Y.S.2d 56, 390 N.E.2d 774 (1979) ].) The Court of Appeals decision in Feldsberg v. Nitschke, 49 N.Y.2d 636, 427 N.Y.S.2d 751, 404 ......
  • Rajamin v. Deutsche Bank Nat'l Trust Co., Docket No. 13–1614.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 30, 2014
    ...the court “need not decide whether the conduct of the trustee comported with the terms of the trust.” McManus, 47 N.Y.2d at 719, 417 N.Y.S.2d at 56, 390 N.E.2d 773. Third, even if plaintiffs had standing to make an argument based on EPTL § 7–2.4, on the theory that a mortgagor has standing ......
  • People v. King, 2016–08053
    • United States
    • New York Supreme Court Appellate Division
    • March 31, 2021
    ...while the scope of cross-examination generally rests within the trial court's discretion (see Martin v. Alabama 84 Truck Rental, 47 N.Y.2d 721, 417 N.Y.S.2d 56, 390 N.E.2d 774 ; People v. Schwartzman, 24 N.Y.2d 241, 299 N.Y.S.2d 817, 247 N.E.2d 642 ; People v. Roussopoulos, 261 A.D.2d 559, ......
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