Bendet v. Woods

Appellate Division of the Supreme Court of New York

Bendet v. Woods

109 A.D.2d 724, 485 N.Y.S.2d 838, 1985 N.Y. App. Div. LEXIS 47201

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

DecidedMarch 4, 1985

StatusPublished

Cited by1 cases

This text of 109 A.D.2d 724 (Bendet v. Woods) 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

Bendet v. Woods, 109 A.D.2d 724, 485 N.Y.S.2d 838, 1985 N.Y. App. Div. LEXIS 47201 (N.Y. Ct. App. 1985).

Pincite

Opinion

— In a negligence action to recover damages for personal injuries, defendant Woods appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Fierro, J.), dated March 5, 1984, as granted plaintiff’s motion for partial summary judgment against her on the issue of liability only.

Order affirmed, insofar as appealed from, with costs.

The uncontroverted testimony of the codefendant passenger Schiavone, given at an examination before trial, that defendant Woods drove a motor vehicle at a high rate of speed into the rear of plaintiff’s vehicle, without applying the brakes or sounding the horn, clearly establishes the liability of defendant Woods and the plaintiff’s freedom from negligence. Moreover, Woods pleaded guilty to driving while intoxicated as a result of this very accident. The affirmation of defendant Woods’ attorney in opposition to the motion for partial summary judgment failed to raise any triable issue of fact. Titone, J. P., Thompson, O’Connor and Rubin, JJ., concur.

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— In a negligence action to recover damages for personal injuries, defendant Woods appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Fierro, J.), dated March 5, 1984, as granted plaintiff’s motion for partial summary judgment against her on the issue of liability only.

Order affirmed, insofar as appealed from, with costs.

The uncontroverted testimony of the codefendant passenger Schiavone, given at an examination before trial, that defendant Woods drove a motor vehicle at a high rate of speed into the rear of plaintiff’s vehicle, without applying the brakes or sounding the horn, clearly establishes the liability of defendant Woods and the plaintiff’s freedom from negligence. Moreover, Woods pleaded guilty to driving while intoxicated as a result of this very accident. The affirmation of defendant Woods’ attorney in opposition to the motion for partial summary judgment failed to raise any triable issue of fact. Titone, J. P., Thompson, O’Connor and Rubin, JJ., concur.

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Bluebook (online)

109 A.D.2d 724, 485 N.Y.S.2d 838, 1985 N.Y. App. Div. LEXIS 47201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bendet-v-woods-nyappdiv-1985.

Opinion

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