De Carlo v. Falco (8 N.Y.2d 791, 1960)

Judgment modified by dismissing the complaint as to defendants Palios and, as so modified, affirmed, with costs to defendants Palios. The proof of Steve Palios ’ conduct, precipitated as it was by an emergency not of Ms own making, was as a matter of law insufficient to create liability (see Meyer v. Whisnant, 307 N. Y. 369; Andersen v. Bee Line, 1 N Y 2d 169). No opimon.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.