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.