Seymour v. Richard Obreza Trucking, Inc.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendants’ motion seeking summary judgment dismissing the complaint in this wrongful death action. Plaintiffs decedent was killed when the vehicle that he was driving on Route 28 in Herkimer collided with a tractor-trailer operated by defendant John Kroll and owned by defendant Richard Obreza Trucking, Inc. Defendants contend that the complaint should be dismissed pursuant to the emergency doctrine based upon proof that the accident occurred after plaintiffs decedent crossed the center line into *832Kroll’s lane…