14263. KENNETH COUILLARD plf-res, v. SHAW ENVIRONMENTAL & INFRASTRUCTURE ENGINEERING OF NEW YORK, P.C., SUED HEREIN AS THE SHAW GROUP, INC., def-res, C.M. CAMPARETTI Defendants-res-ap, WOMEN’S HEALTH PROFESSIONALS, LLP, Defendant-Appellant-res — SHAW ENVIRONMENTAL & INFRASTRUCTURE ENGINEERING OF NEW YORK, P.C., INITIALLY SUED HEREIN AS THE SHAW GROUP, INC., Third-Party plf-res — v. NEWBORN CONSTRUCTION, INC., Third-Party def-res — Lewis Johs Avallone Aviles, Islandia (Robert A. Lifson of counsel), for appellant-res — Leahy & Johnson, P.C., New York (Joanne Filiberti of counsel), for respondents-ap Law Office of Edmond C. Chakmakian, P.C., Hauppauge (Edmond C. Chakmakian of counsel), for Couillard res — Ahmuty Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for Shaw Environmental & Infrastructure Engineering of New York, P.C., res — Smith Mazure Director Wilkins Young & Yagerman, P.C., New York (Stacy I. Malinow of counsel), for Newborn Construction, Inc., res — _—Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered August 7, 2013, which, to the extent appealed from, granted plaintiffs’ motion for summary judgment on the issue of liability against defendants Women’s Health Professionals, LLP (WHP), C.M. Camparetti, and April A. Clark, granted third-party defendant Newborn Construction, Inc.’s motion to amend its answer to assert cross claims against Camparetti and Clark, and denied WHP’s motion for summary judgment dismissing the complaint as against it or, in the alternative, to change venue to Suffolk County, unanimously affirmed, without costs.
Defendant Clark, an employee of defendant Women’s Health Professionals, LLP, operating a vehicle owned by defendant Camparetti, drove out of her lane and off the road, hitting plaintiff Kenneth Couillard in the process. Clark had been traveling within inches of the car in front of her, and drove off the road in an attempt to avoid that car when it stopped. Having created the very situation that caused her to drive off the road, Clark cannot avail herself of the emergency doctrine (see Joplin v. City of New York, 116 AD3d 443 [1st Dept 2014]). The possibility that other defendants bear liability in this matter does not bar the grant of summary judgment to plaintiffs on the issue of Camparetti’s, Clark’s and WHP’s liability (see Asante v. Williams, 227 AD2d 123 [1st Dept 1996]).
