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Appellate Victory for Andrea E. Ferrucci and Keri Wehrheim

December 4, 2015
By: Frank Scahill

Congratulations to Andrea E. Ferrucci and Keri Wehrheim for their victory on appeal in Ryan v Rocking Horse Farms, Ltd. (2015 NY Slip Op 08402) decided on November 18, 2015 by the Appellate Division, Second Department. Here, a defendant (Robert Chappell) was granted summary judgment on the issue of liability in a motor vehicle case by the Court below. The Appellate Division reversed, finding "Chappell failed to meet his initial burden as the movant. In support of his summary judgment motion, Chappell submitted the deposition testimony of the parties, which presented conflicting accounts of the facts surrounding the accident. According to Durand, Chappell's vehicle began to move forward when the light turned green, but then stopped suddenly and without warning in the intersection despite the fact that it was clear of traffic and pedestrians. Under the circumstances, a triable issue of fact exists as to whether Chappell was at fault in the happening of the accident."

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