ZAPATA v. SUTTON

5050, 21439/06, 23466/06, 300051/08.

84 A.D.3d 521 (2011)

922 N.Y.S.2d 400

EMILIANO ZAPATA, Appellant, v. AYANNA SUTTON et al., Defendants, and MICHAEL P. GIACHINTA et al., Respondents. (And Another Action.) JORGE ADRIAN BERNAL CUAPIO et al., Appellants, v. MICHAEL P. GIACHINTA et al., Respondents, et al., Defendants.

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

Decided May 12, 2011.


Giachinta, who was driving in his proper lane, was "presented. . . with an emergency situation not of his own making" and almost no time to react when defendant Ayanna Sutton's vehicle crossed over double yellow lines into his lane from the opposite direction and collided with his vehicle, and therefore he cannot be found "negligently responsible for any part of the accident" (Williams v Simpson, 36 A.D.3d 507, 508 [2007]; Gonzalez...

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