In Yetemian v. Vega, the Supreme Court, Queens County denied a road test operator’s application for summary judgment against his student driver following a motor vehicle accident that occurred when the student driver lost control of the vehicle during a driving test. The court ruled that the plaintiff inspector, a licensed operator, knew that the defendant was unlicensed and was aware of the dangers of driving with an unskilled driver and, thereby, assumed the risk of such an accident occurring.

New York Law Journal, Jan. 7, 2008, p. 17.