Brempong v. Henris

Appellate Division of the Supreme Court of New York

Brempong v. Henris

235 A.D.2d 238, 652 N.Y.S.2d 516, 1997 N.Y. App. Div. LEXIS 255

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

DecidedJanuary 14, 1997

StatusPublished

Cited by2 cases

This text of 235 A.D.2d 238 (Brempong v. Henris) 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

Brempong v. Henris, 235 A.D.2d 238, 652 N.Y.S.2d 516, 1997 N.Y. App. Div. LEXIS 255 (N.Y. Ct. App. 1997).

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Opinion

Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered July 17, 1996, which, inter alia, granted defendant Monaco’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The evidence shows that, after the traffic light at the intersection turned green in Monaco’s favor, and after Monaco, who had been stopped at the light, looked to see if she could proceed safely through the intersection, and when she had proceeded almost through the intersection, her vehicle was hit by the vehicle in which plaintiff was a passenger, which was traveling "fast”. Plaintiff admits that she does not know how the accident occurred. Plaintiffs assertions that defendant Monaco was negligent are based on pure speculation and conjecture and are thus insufficient to warrant the denial of defendant Monaco’s motion for summary judgment (see, Zuckerman v City of New York, 49 NY2d 557). Concur—Murphy, P. J., Rosenberger, Ellerin and Nardelli, JJ.

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Order, Supreme Court, Bronx County (Luis Gonzalez, J.), entered July 17, 1996, which, inter alia, granted defendant Monaco’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The evidence shows that, after the traffic light at the intersection turned green in Monaco’s favor, and after Monaco, who had been stopped at the light, looked to see if she could proceed safely through the intersection, and when she had proceeded almost through the intersection, her vehicle was hit by the vehicle in which plaintiff was a passenger, which was traveling "fast”. Plaintiff admits that she does not know how the accident occurred. Plaintiffs assertions that defendant Monaco was negligent are based on pure speculation and conjecture and are thus insufficient to warrant the denial of defendant Monaco’s motion for summary judgment (see, Zuckerman v City of New York, 49 NY2d 557). Concur—Murphy, P. J., Rosenberger, Ellerin and Nardelli, JJ.

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Bluebook (online)

235 A.D.2d 238, 652 N.Y.S.2d 516, 1997 N.Y. App. Div. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brempong-v-henris-nyappdiv-1997.

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