Davis v. Best

Appellate Division of the Supreme Court of New York

Davis v. Best

131 A.D.2d 535, 516 N.Y.S.2d 479, 1987 N.Y. App. Div. LEXIS 47992

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

DecidedJune 8, 1987

StatusPublished

Cited by1 cases

This text of 131 A.D.2d 535 (Davis v. Best) 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

Davis v. Best, 131 A.D.2d 535, 516 N.Y.S.2d 479, 1987 N.Y. App. Div. LEXIS 47992 (N.Y. Ct. App. 1987).

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Opinion

In consolidated negligence actions to recover damages for personal injuries, Margo P. Duke and Norma Best separately appeal and cross-appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated November 4, 1985, which denied their separate motions for summary judgment dismissing the respective complaints and cross claims asserted against them.

Ordered that the appeal by Norma Best is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.20 m, mi

Ordered that the order is affirmed insofar as appealed from by Margo P. Duke, with one bill of costs payable to the respondents, appearing separately and filing separate briefs.

The record raises triable issues of fact concerning the circumstances resulting in the three-car chain-reaction collision at issue, and whether Margo P. Duke, a driver of one of the vehicles involved in the collision, acted reasonably under the circumstances. It cannot be said that Duke’s conduct " 'either was not really involved [since she was the driver of one of the vehicles] or was clearly of exemplary prudence in the circumstances’ ” (Andre v Pomeroy, 35 NY2d 361, 365, quoting from 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3212.03), thereby warranting summary judgment in her favor. Thompson, J. P., Bracken, Lawrence and Spatt, JJ., concur.

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In consolidated negligence actions to recover damages for personal injuries, Margo P. Duke and Norma Best separately appeal and cross-appeal from an order of the Supreme Court, Nassau County (Becker, J.), dated November 4, 1985, which denied their separate motions for summary judgment dismissing the respective complaints and cross claims asserted against them.

Ordered that the appeal by Norma Best is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this court (see, 22 NYCRR 670.20 m, mi

Ordered that the order is affirmed insofar as appealed from by Margo P. Duke, with one bill of costs payable to the respondents, appearing separately and filing separate briefs.

The record raises triable issues of fact concerning the circumstances resulting in the three-car chain-reaction collision at issue, and whether Margo P. Duke, a driver of one of the vehicles involved in the collision, acted reasonably under the circumstances. It cannot be said that Duke’s conduct " 'either was not really involved [since she was the driver of one of the vehicles] or was clearly of exemplary prudence in the circumstances’ ” (Andre v Pomeroy, 35 NY2d 361, 365, quoting from 4 Weinstein-Korn-Miller, NY Civ Prac ¶ 3212.03), thereby warranting summary judgment in her favor. Thompson, J. P., Bracken, Lawrence and Spatt, JJ., concur.

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Bluebook (online)

131 A.D.2d 535, 516 N.Y.S.2d 479, 1987 N.Y. App. Div. LEXIS 47992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-best-nyappdiv-1987.

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