BOOS v. BEDROCK MATERIALS, INC.


16 A.D.3d 447 (2005)

791 N.Y.S.2d 621

HALA BOOS et al., Appellants, v. BEDROCK MATERIALS, INC., et al., Respondents.

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

March 14, 2005.


Ordered that the order is affirmed, with costs.

"It is axiomatic that a driver is not required to anticipate that an automobile traveling in the opposite direction will cross over into oncoming traffic" (Koch v Levenson, 225 A.D.2d 592, 592-593 [1996]). Such a scenario presents an emergency situation, and the actions of the driver faced with such a situation must be judged in that context (see Koch v Levenson, supra

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