Ordered that the order is modified by adding thereto after the provision denying the appellants' motion a provision that the denial is without prejudice to renewal upon the completion of discovery; as so modified, the order is affirmed, without costs or disbursements.
The appellant Anne Flynn was faced with an emergency similar to a situation in which a vehicle crosses over into an oncoming lane of traffic (see, e.g., Velez v Diaz,
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