In Smith v. Brennan, 245 A.D.2d 596 (3rd Dept 1996) defendant truck driver Chandler collided with plaintiff's vehicle, which was propelled into his lane of traffic after being struck from behind by a third vehicle. The Court affirmed the granting of summary judgment for the defendant truck driver because of his reasonable reaction to an emergency not of own making. The Court held at 597: Supreme Court properly determined as a matter of law that, because Chandler was faced with an emergency not of his own creation and reacted reasonably to that emergency, there was no basis for a finding of liability against defendants. The Court defined An "emergency situation" is at 597 as: "a sudden and unforeseen occurrence not of one's own making (see, Davis v. Pimm, 228 A.D.2d 885, 644 N.Y.S.2d 401...).. Summary resolution is possible...when the driver presents sufficient evidence to establish the reasonableness of his or her actions and there is no opposing evidentiary showing sufficient to raise a legitimate question of fact on the issue..."