PENA v. SLATER

8498, 7803/07.

100 A.D.3d 488 (2012)

954 N.Y.S.2d 50

WILLIAM PENA, Respondent, v. DONALD SLATER et al., Appellants, et al., Defendants.

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

November 15, 2012.


Defendants made a prima facie showing of their entitlement to judgment as a matter of law. Defendants submitted evidence showing that defendant Slater was faced with an emergency situation not of his own making, when plaintiff's vehicle suddenly crossed over yellow double lines into his lane of traffic, leaving Slater with no opportunity to avoid a collision (see Caban v Vega, 226 A.D.2d 109, 111 [1st Dept 1996]; Kenney v County...

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