ANTONIO CARLOS CRUZ, plf-ap, v. MTLR CORP. def-res, JAIME PISCIL def

11167. ANTONIO CARLOS CRUZ, plf-ap, v. MTLR CORP. def-res, JAIME PISCIL def — Kahn Gordon Timko & Rodriques, P.C., New York (Nicholas I. Timko of counsel), for ap — Weiner, Millo, Morgan & Bonanno, LLC, New York (John P. Bonanno of counsel), for res ——Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered November 5, 2012, which, insofar as appealed from as limited by the briefs, granted the motion of defendants-respondents for summary judgment dismissing the complaint and all cross claims against them, and denied plaintiff’s cross motion for partial summary judgment on liability as against defendants-respondents Jerry WWHS Co. and Jose Pagan, unanimously affirmed, without costs.

The court properly found that respondents sustained their burden of demonstrating that the accident was not caused by defendant driver Pagan’s negligence, and that he was confronted by an emergency situation not of his making, when the vehicle in which plaintiff was a passenger made a wide right turn into Pagan’s lane, opposite the direction of traffic, and collided head-on with Pagan’s truck. “A driver in his proper lane is not required to anticipate that an automobile going in the opposite direction will cross over into his lane” (Williams v. Simpson, 36 AD3d 507, 508 [1st Dept 2007]).