In Zapata v. Sutton, 2011 NY Slip Op 03962, defendant was sued after his car
collided with another car that had crossed over double yellow lines and into his
lane from the opposite direction. Defendant moved for summary judgment and the
court found that defendant could not be held responsible for any part of the
accident as he was “presented with an emergency situation not of his own making”
and had almost no time to react. As such, summary judgment was granted.
The appellate court affirmed, finding that plaintiff’s expert report was
nothing more than pure speculation and unsubstantiated by any facts and thus
failed to raise a triable issue of fact.
to Alison Weintraub for her contribution to this post.