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PHELPS v. LEGLER

262 A.D.2d 621 (1999)

691 N.Y.S.2d 360

DWIGHT PHELPS et al., Plaintiffs, v. TERENCE LEGLER, Appellant, et al., Defendant, and JOHN LAVERDIERE, Respondent.

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

Decided June 28, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent.

The Supreme Court properly dismissed the counterclaim against the plaintiff John Laverdiere. The record demonstrates that Laverdiere had less than one second to react to an unexpected emergency situation when the vehicle of the defendant Terence Legler crossed over into Laverdiere's lane of travel (see, e.g., Velez v Diaz, 227 A.D.2d 615

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