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RIVERA v. PAZ

250 A.D.2d 534 (1998)

672 N.Y.S.2d 704

Antonio Rivera et al., Respondents, v. Telma A. Paz, Defendant, and Nebosha Z. Kirilov, Appellant

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

May 26, 1998

Considering all of the factors pertinent to the question of whether defendant-appellant had a reasonable opportunity under the circumstances to avoid the subject accident (see, Carson v De Lorenzo, 238 A.D.2d 790, lv denied 90 N.Y.2d 810), we agree with the motion court that appellant's testimony does no more than raise a jury question as to whether appellant was in fact confronted with an emergency situation (see...

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