Zapata v. Sutton

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered January 8, 2010, which, insofar as appealed from as limited by the briefs, granted defendants Michael Giachinta and Putnam Tire Co., Inc.’s motion for summary judgment dismissing the complaints and all cross claims asserted against them in actions Nos. 1 and 3, unanimously affirmed, without costs.

Giachinta, who was driving in his proper lane, was “presented .. . with an emergency situation not of his own making” and almost no time to react when defendant Ayanna Sutton’s vehicle crossed over double yellow lines into his lane…