Opinion
August 31, 1998
Appeal from the Supreme Court, Nassau County (Segal, J.).
Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the Travis defendants payable by the plaintiff and the defendant Roberta D. Green.
The plaintiff sustained injuries while a passenger in a vehicle driven by the defendant Flor E. Ospina which crossed over into the opposing lane of traffic, striking a vehicle driven by the defendant Mary N. Travis and owned by the defendant Yolanda Travis.
The plaintiff contends that Mary N. Travis was negligent in operating her vehicle because she failed to brake, sound the horn, or reduce her speed to avoid the accident. However, Mary N. Travis was not obligated to anticipate that a car traveling in the opposite direction would cross over into her lane ( see, Palmer v. Palmer, 31 A.D.2d 876, affd 27 N.Y.2d 945; Gooch v. Shapiro, 7 A.D.2d 307, affd 8 N.Y.2d 1088). Once it was established that the head-on collision was caused by the car driven by Ospina crossing into Mary N. Travis' lane of travel, it was incumbent upon the other parties to submit evidence in admissible form that her negligence contributed to the accident ( see, Eisenbach v. Rogers, 158 A.D.2d 792, 793). Mere speculation that she may have failed to take some unspecified measures to avoid the accident or in some other way contributed to the occurrence of the accident is insufficient to defeat a motion for summary judgment ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562; Bavaro v. Martel, 197 A.D.2d 813; Roman v. Vargas, 182 A.D.2d 543).
Accordingly, Mary N. Travis and Yolanda Travis were properly granted summary judgment.
Thompson, J. P., Krausman, Goldstein and Luciano, JJ., concur.