Opinion
May 26, 1998
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
Considering all of the factors pertinent to the question of whether defendant-appellant had a reasonable opportunity under the circumstances to avoid the subject accident ( see, Carson v. De Lorenzo, 238 A.D.2d 790, lv denied 90 N.Y.2d 810), we agree with the motion court that appellants testimony does no more than raise a jury question as to whether appellant was in fact confronted with an emergency situation ( see, e.g., Williams v. Doran, 240 A.D.2d 349). Appellant did not present clear and unrefuted evidence that plaintiff driver was exclusively at fault for the accident ( cf., Ruotolo v. Ambu-Wagon. Inc., 206 A.D.2d 416).
Concur — Milonas, J.P., Nardelli, Mazzarelli and Andrias, JJ.