Tomaselli v. Goldstein

In Tomaselli v. Goldstein, 104 A.D.2d 872 [2d Dept 1984], the Second Department held that a defendant driver, whose vehicle had jumped a divider and crossed over the center lane, was permitted to present evidence of his excuse of being sideswiped by another car to the jury and the jury should be instructed to consider any explanation by defendant.