HASSETT v. BUDGET RENT A CAR OF FLORIDA, INC

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The uncontroverted facts establish as a matter of law that when the appellant had one or two seconds to react after a vehicle travelling eastbound crossed over the double yellow line into the westbound lane in which he was travelling, he was confronted with a sudden and unanticipated situation (see generally, Rivera v New York City Tr. Auth., 77 N.Y.2d 322). Under these emergency circumstances, applying either New York or Florida law, the appellant's actions could not be held to have contributed to the accident (see, Rivas v. Metropolitan Suburban Bus Auth., 203 A.D.2d 349; Moller v. Lieber, 156 A.D.2d 434; Tenenbaum v. Martin, 131 A.D.2d 660; cf., Bellere v. Madsen, 114 So.2d 619 [Fla]; Klepper v. Breslin, 83 So.2d 587 [Fla]). Rosenblatt, J.P., Ritter, Copertino and Florio, JJ., concur.