DeRosa v. Valentino

Appellate Division of the Supreme Court of New York

DeRosa v. Valentino

14 A.D.3d 448, 788 N.Y.S.2d 369, 2005 N.Y. App. Div. LEXIS 582

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

DecidedJanuary 27, 2005

StatusPublished

Cited by5 cases

This text of 14 A.D.3d 448 (DeRosa v. Valentino) 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

DeRosa v. Valentino, 14 A.D.3d 448, 788 N.Y.S.2d 369, 2005 N.Y. App. Div. LEXIS 582 (N.Y. Ct. App. 2005).

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Opinion

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 30, 2004, which denied defendant Donahue’s motion for summary judgment dismissing the complaint and all cross claims against him, unanimously affirmed, without costs.

Although the injured plaintiff and defendant Donahue both testified that the vehicle they were traveling in was rear-ended by the Valentino vehicle, propelling them forward and causing a chain collision, defendant Ann Valentino’s testimony created an issue of fact as to whether her vehicle actually came in contact with the Donahue vehicle. These differing versions of how the accident occurred, and the possible contributions by the various defendants, preclude summary disposition. Concur—Mazzarelli, J.P., Sullivan, Williams and Gonzalez, JJ.

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Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 30, 2004, which denied defendant Donahue’s motion for summary judgment dismissing the complaint and all cross claims against him, unanimously affirmed, without costs.

Although the injured plaintiff and defendant Donahue both testified that the vehicle they were traveling in was rear-ended by the Valentino vehicle, propelling them forward and causing a chain collision, defendant Ann Valentino’s testimony created an issue of fact as to whether her vehicle actually came in contact with the Donahue vehicle. These differing versions of how the accident occurred, and the possible contributions by the various defendants, preclude summary disposition. Concur—Mazzarelli, J.P., Sullivan, Williams and Gonzalez, JJ.

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Bluebook (online)

14 A.D.3d 448, 788 N.Y.S.2d 369, 2005 N.Y. App. Div. LEXIS 582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derosa-v-valentino-nyappdiv-2005.

Opinion

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