DE CARLO v. FALCO

Judgment modified by dismissing the complaint as to defendants Pallos and, as so modified, affirmed, with costs to defendants Pallos. The proof of Steve Pallos' conduct, precipitated as it was by an emergency not of his 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 opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.