Opinion
April 18, 1961
Judgment in favor of plaintiff against defendant-appellant Slater unanimously reversed, on the law and on the facts and the complaint dismissed, with costs to the appellant. Plaintiff's evidence showed no negligence on the part of defendant-appellant ( Gooch v. Shapiro, 7 A.D.2d 307, affd. 8 N.Y.2d 1088; Rowlands v. Parks, 2 N.Y.2d 64). We find that defendant-appellant was confronted with a sudden emergency not of his own making and that his actions in response showed no lack of reasonable care. Settle order on notice.
Concur — Rabin, J.P., Valente, Stevens, Eager and Steuer, JJ.