GOFF v. GOUDREAU


222 A.D.2d 650 (1995)

635 N.Y.S.2d 699

Matthew R. Goff, Appellant, v. Robert E. Goudreau, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1995


Ordered that the order is affirmed, with costs.

A driver is not required to anticipate that a vehicle, in this case a bicycle (see, Vehicle and Traffic Law § 1231), traveling in the opposite direction will cross over into oncoming traffic. In the matter at bar, the plaintiff's bicycle suddenly crossed over a double yellow line and went into the lane of travel of the defendant's automobile. This presented an emergency situation and the actions of the defendant...

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