Bullard v. Graham

Appellate Division of the Supreme Court of New York

Bullard v. Graham

33 A.D.2d 550, 304 N.Y.S.2d 492, 1969 N.Y. App. Div. LEXIS 3012

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

DecidedOctober 23, 1969

StatusPublished

This text of 33 A.D.2d 550 (Bullard v. Graham) 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

Bullard v. Graham, 33 A.D.2d 550, 304 N.Y.S.2d 492, 1969 N.Y. App. Div. LEXIS 3012 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered May 8, 1968, unanimously modified, on the law, to the extent of denying plaintiff’s motion for summary judgment against defendants and, as so modified, affirmed, without costs and without disbursements. The proof submitted by plaintiff discloses that the automobile owned by defendant husband was caused to move forward and strike the rear of plaintiff’s vehicle by the act of the codefendant in inadvertently hitting the accelerator with her foot. The proof is unclear, however, as to which defendant at the time was operating the vehicle. A triable issue is presented as to the negligence, if any, of defendants (cf. Feldman v. Lashine, 10 N Y 2d 964). Concur ■ — ■ Eager, J. P., Capozzoli, McGivern, Nunez and Bastow, JJ.

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Order entered May 8, 1968, unanimously modified, on the law, to the extent of denying plaintiff’s motion for summary judgment against defendants and, as so modified, affirmed, without costs and without disbursements. The proof submitted by plaintiff discloses that the automobile owned by defendant husband was caused to move forward and strike the rear of plaintiff’s vehicle by the act of the codefendant in inadvertently hitting the accelerator with her foot. The proof is unclear, however, as to which defendant at the time was operating the vehicle. A triable issue is presented as to the negligence, if any, of defendants (cf. Feldman v. Lashine, 10 N Y 2d 964). Concur ■ — ■ Eager, J. P., Capozzoli, McGivern, Nunez and Bastow, JJ.

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Bluebook (online)

33 A.D.2d 550, 304 N.Y.S.2d 492, 1969 N.Y. App. Div. LEXIS 3012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullard-v-graham-nyappdiv-1969.