Opinion
April 27, 1998
Appeal from the Supreme Court, Queens County (Kitzes, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the interlocutory judgment is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
In the instant case the vehicle driven by the defendant Nalini Bahadur, and owned by the defendant Scorojnee Edoo, was struck by a vehicle proceeding in the opposite direction which crossed over a double yellow line into her lane of traffic. The defendant Bahadur was presented with an emergency situation and her actions must be judged in that context ( see, Williams v. Econ, 221 A.D.2d 429; Mangano v. New York City Hous. Auth., 218 A.D.2d 787; Greifer v. Schneider, 215 A.D.2d 354; Tenenbaum v. Martin, 131 A.D.2d 660). Indeed, a driver faced with an emergency situation is not obligated to exercise her best judgment and an error in judgment is not to be considered negligence ( see, Fermin v. Graziosi, 240 A.D.2d 365; Tenenbaum v. Martin, supra). Accordingly, the Supreme Court properly set aside the jury verdict finding the defendants Bahadur and Edoo 50% at fault and in dismissing the complaint as to those defendants.
We find no merit to the plaintiffs' remaining contentions.
Rosenblatt, J.P., Copertino, Goldstein and McGinity, JJ., concur.