Ampofo v. Brydson

Appellate Division of the Supreme Court of New York

Ampofo v. Brydson

2016 NY Slip Op 8023, 144 A.D.3d 611, 41 N.Y.S.3d 424

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 29, 2016

Docket2343 304085/12

StatusPublished

Cited by3 cases

This text of 2016 NY Slip Op 8023 (Ampofo v. Brydson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ampofo v. Brydson, 2016 NY Slip Op 8023, 144 A.D.3d 611, 41 N.Y.S.3d 424 (N.Y. Ct. App. 2016).

Pincite

Opinion

*612 Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 14, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this action for personal injuries sustained in a motor vehicle accident, the record shows that while plaintiff’s approach into the intersection was regulated by a stop sign and no traffic control devices regulated defendant’s approach, issues of fact preclude summary judgment. That there are issues of fact is highlighted by the parties’ deposition testimony as well as the point of contact between the vehicles. Such issues include whether plaintiff had stopped before entering the intersection, which of the vehicles entered the intersection first, which driver had the right-of-way, and whether the driver with the right-of-way exercised reasonable care to avoid the accident (see e.g. Nevarez v S.R.M. Mgt. Corp., 58 AD3d 295, 298 [1st Dept 2008]).

Concur—Friedman, J.P., Sweeny, Saxe, Kapnick and Gesmer, JJ.

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*612 Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 14, 2016, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

In this action for personal injuries sustained in a motor vehicle accident, the record shows that while plaintiff’s approach into the intersection was regulated by a stop sign and no traffic control devices regulated defendant’s approach, issues of fact preclude summary judgment. That there are issues of fact is highlighted by the parties’ deposition testimony as well as the point of contact between the vehicles. Such issues include whether plaintiff had stopped before entering the intersection, which of the vehicles entered the intersection first, which driver had the right-of-way, and whether the driver with the right-of-way exercised reasonable care to avoid the accident (see e.g. Nevarez v S.R.M. Mgt. Corp., 58 AD3d 295, 298 [1st Dept 2008]).

Concur—Friedman, J.P., Sweeny, Saxe, Kapnick and Gesmer, JJ.

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Bluebook (online)

2016 NY Slip Op 8023, 144 A.D.3d 611, 41 N.Y.S.3d 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ampofo-v-brydson-nyappdiv-2016.

Opinion

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