Kemp v. Kemp

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying the motion of Robert H. Hurley (defendant) for summary judgment dismissing the complaint. Where, as here, "defendant establishes that a head-on collision was caused by plaintiffs crossing over into defendant’s lane of travel, defendant has established 'a complete defense to plaintiffs action’ ” (Gouchie v Gill, 198 *939AD2d 862, quoting Eisenbach v Rogers, 158 AD2d 792, lv denied 79 NY2d 752). In response, plaintiff was required to submit evidence in admissible…