
    Frank De Carlo, Respondent-Appellant, v. Elizabeth Falco et al., Respondents, and Louis Pallos et al., Appellants-Respondents.
    Argued April 18, 1960;
    decided April 29, 1960.
    
      
      Bernard Meyerson and Thomas V. Kingham for appeHantsrespondents.
    
      Benjamin Adler, Gustave G. Rosenberg and George W. Loomer for respondent-appellant.
    
      John M. Cunneen for respondents.
   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.  