Caraway v. Johnson

Appellate Division of the Supreme Court of New York

Caraway v. Johnson

65 A.D.3d 605, 883 N.Y.S.2d 730

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

DecidedAugust 18, 2009

StatusPublished

This text of 65 A.D.3d 605 (Caraway v. Johnson) 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

Caraway v. Johnson, 65 A.D.3d 605, 883 N.Y.S.2d 730 (N.Y. Ct. App. 2009).

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Opinion

— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dolan, J.), dated November 9, 2007, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

This action arises from a one-car motor vehicle accident which occurred on the evening of December 12, 2003, in Dutchess County. The plaintiff was a front-seat passenger in the defendant’s vehicle when the vehicle allegedly encountered a patch of ice, skidded out of control, and struck a guardrail.

The Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability. Although the plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability, in opposition, the defendant raised a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Spolzino, J.P., Dillon, Miller and Dickerson, JJ., concur.

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— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dolan, J.), dated November 9, 2007, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

This action arises from a one-car motor vehicle accident which occurred on the evening of December 12, 2003, in Dutchess County. The plaintiff was a front-seat passenger in the defendant’s vehicle when the vehicle allegedly encountered a patch of ice, skidded out of control, and struck a guardrail.

The Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability. Although the plaintiff established his prima facie entitlement to judgment as a matter of law on the issue of liability, in opposition, the defendant raised a triable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Spolzino, J.P., Dillon, Miller and Dickerson, JJ., concur.

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Bluebook (online)

65 A.D.3d 605, 883 N.Y.S.2d 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caraway-v-johnson-nyappdiv-2009.

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