Opinion
March 29, 1993
Appeal from the Supreme Court, Queens County (Nahman, J.).
Ordered that the order is affirmed, with costs.
The plaintiff Jennifer Glick was traveling in a lane parallel to that in which the defendant Murray L. Eisenberg was driving an opposite direction. The lanes were separated by a divider which was composed of a center of grass with a concrete curb on either side. Before the accident happened, Glick's vehicle left its lane, crossed the divider, and entered the Eisenberg's lane ahead of him. Glick's crossing over the divider and entering the lane going in the opposite direction on the other side of the divider was not foreseeable (see, Breckir v Lewis, 21 A.D.2d 546, affd sub nom. Breckir v. Pleibel, 15 N.Y.2d 1027). The result was an emergency situation and the actions of Eisenberg must be judged in that context (see, Ferrer v. Harris, 55 N.Y.2d 285; Rossman v. La Grega, 28 N.Y.2d 300; Tenenbaum v Martin, 131 A.D.2d 660; Wolfson v. Darnell, 15 A.D.2d 516). Here, Eisenberg had traffic to his right and a highway divider to his left. His only recourse was to brake his vehicle in an attempt to slow or stop before he encountered Glick's vehicle. Under these circumstances, summary judgment was properly granted to Eisenberg. Bracken, J.P., Balletta, Eiber and Santucci, JJ., concur.