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Defendant was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division affirmed. Plaintiff was riding his bicycle, when he made a left turn and struck defendant. "With few exceptions not relevant in this case, a person riding a bicycle on a roadway is entitled to all of the […]
March 29, 2022
Third-party defendant’s motion for summary judgment was denied. The Appellate Division affirmed. Differing versions as to how the motor vehicle accident occurred, and conflicting testimony raised issues of fact as to proximate cause. Defendant alleged observing third-party defendant repeatedly changing lanes and speeding.
In this personal injury action, both plaintiff and the defendant driver alleged the other was driving inappropriately and aggressively, including stopping suddenly, tailgating, and swerving. After the vehicles came to a stop, a physical altercation took place. The defendant driver pled guilty to misdemeanor assault and disorderly conduct. Plaintiff sued defendant driver, as well as […]
March 27, 2019
Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.
March 26, 2016
Plaintiff was granted summary judgment on the issue of liability in this accident, wherein the defendant made a left-turn in front of the oncoming plaintiff’s vehicle, allegedly in violation of Vehicle and Traffic Law 1141. On appeal, the Appellate Division reversed, finding issues of fact as to whether plaintiff was a proximate cause of the […]
Plaintiff was awarded summary judgment on the issue of liability in this motor vehicle accident. The Appellate Division reversed. While defendant was attempting to make a right turn at the subject intersection, he struck plaintiff’s vehicle, which was parked in the parking lane. However, defendant testified plaintiff was parked entirely within the crosswalk. "[A] violation […]
Defendant was awarded summary judgment on the issue of liability in this action involving personal injuries from a motor vehicle accident. The Appellate Division affirmed. While travelling on an exit ramp off Grand Central Parkway, defendant was suddenly and without warning cut off. Defendant braked hard and swerved, avoiding a collision with that vehicle, but […]
March 26, 2015
Defendant parking lot owner moved for summary judgment, which was denied. The Appellate Division reversed. Plaintiff alleged injuries after being struck by a vehicle in the parking lot. The Appellate Division found defendant had proved that the sole proximate cause of the accident was the negligence of the driver that struck the plaintiff.
March 26, 2014
Defendant’s motion for summary judgment was denied in this action involving injuries from a motor vehicle and bicyclist accident. The Appellate Division reversed...
Defendant’s motion for summary judgment was granted in this slip and fall accident. The Appellate Division affirmed...
Plaintiff was awarded summary judgment on the issue of liability. The Appellate Division reversed...
March 25, 2012
Plaintiff's motion to renew and vacate a prior order granting defendant's motion for summary judgment on default, was denied. The Appellate Division affirmed. Plaintiff defaulted in opposing defendant's motion for summary judgment on the issue of lack of a serious injury pursuant to Insurance Law § 5102(d). Plaintiff did not move to vacate the default […]
March 27, 2019
Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.
March 26, 2016
Co-Defendant was the middle vehicle in a 3 vehicle rear-end chain accident. Co-Defendant moved for summary judgment, which was denied by the lower court. The Appellate Division affirmed, noting that there were questions of fact (i.e., order of impacts), as to whether the middle vehicle contributed to the proximate causation of this accident.
March 26, 2017
Defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was denied. The Appellate Division reversed.Co-defendant was the driver for commercial co-defendant, and an employee of a corporation in which defendant was a principal. Co-defendant struck plaintiff’s vehicle, while driving in the scope of his employment. Plaintiff brought suit against commercial defendant, and subsequently brought claims directly […]
March 26, 2015
Commercial contractor co-defendant appealed from decision, which granted plaintiff's motion pursuant to CPLR 5015(a) to vacate a prior order granting co- defendants summary judgment, and granted reargument to ultimately deny co-defendant’s motion for summary judgment to dismiss claims based on respondeat superior. The Appellate Division affirmed. Plaintiff was a sidewalk pedestrian who sustained personal injuries, when co-defendant’s […]
March 27, 2020
Defendant parking lot owner moved for summary judgment, which was denied. The Appellate Division reversed. Plaintiff alleged injuries after being struck by a vehicle in the parking lot. The Appellate Division found defendant had proved that the sole proximate cause of the accident was the negligence of the driver that struck the plaintiff.
March 26, 2014
Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident...
March 26, 2013
Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was denied...
March 25, 2005
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