The following excerpt is from People v. Emmi, 146 Misc.2d 399, 550 N.Y.S.2d 787 (N.Y. Cty. Ct. 1990):
First, the court in its decision did not apply the standard of "reasonably to be anticipated" but rather "unable to have been anticipated" and "could not have been reasonably expected." See Record on Appeal page VII. "Unable to" and "could not have been" are a higher standard of care than "reasonably." As stated in Zwilling v. Harrison, 269 N.Y. 461, 463, 199 N.E. 761 (1936), "It is not inconceivable that a driver of the highest possible skill could have stopped this car in time to avoid collision with the car ahead, but this defendant was not bound to possess such extraordinary ability. (He) was bound to use no more than reasonable care under the circumstances."
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