Opinion
April 5, 1999
Appeal from the Supreme Court, Queens County (Kitzes, J.).
Ordered that the order is modified by adding thereto after the provision denying the appellants' motion a provision that the denial is without prejudice to renewal upon the completion of discovery; as so modified, the order is affirmed, without costs or disbursements.
The appellant Anne Flynn was faced with an emergency similar to a situation in which a vehicle crosses over into an oncoming lane of traffic ( see, e.g., Velez v. Diaz, 227 A.D.2d 615; Williams v. Econ, 221 A.D.2d 429; Greifer v. Schneider, 215 A.D.2d 354), when the vehicle in which the plaintiff was a passenger spun around two or three times, crossed multiple lanes of traffic, and struck the Flynn vehicle. However, the record contains no evidence as to whether Anne Flynn's actions in responding to the emergency situation were reasonable under the circumstances ( see, Hentschel v. Campbell Carpet Servs., 256 A.D.2d 500; Ayotte v. Gervasio, 186 A.D.2d 963, affd 81 N.Y.2d 1062; Woolley v. Coppola, 179 A.D.2d 991; Gaeta v. Morgan, 178 A.D.2d 732). Thus, the appellants' motion should be denied without prejudice to renewal upon the completion of discovery ( see, CPLR 3212 [f]; Hentschel v. Campbell Carpet Servs., supra).
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.