BARRIGA v. DITMORE

4213. 302067/12.

151 A.D.3d 497 (2017)

2017 NY Slip Op 04562

53 N.Y.S.3d 539

HITY BARRIGA, Appellant, v. STEPHEN DITMORE, Respondent.

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

Decided June 8, 2017.


The record demonstrates as a matter of law that, when plaintiff lost control of her car on the snowy parkway and slid into defendant's lane a mere half a car length ahead of him, defendant was presented with an emergency not of his making that afforded him little or no time for reasoned consideration, and that he cannot be held liable for failing to avoid a collision with plaintiff's car (see Caban v Vega, 226 A.D.2d 109 [1st Dept...

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