Gonzalez v. City of Yonkers

Appellate Division of the Supreme Court of New York

Gonzalez v. City of Yonkers

277 A.D.2d 421, 716 N.Y.S.2d 893, 2000 N.Y. App. Div. LEXIS 12276

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

DecidedNovember 27, 2000

StatusPublished

Cited by4 cases

This text of 277 A.D.2d 421 (Gonzalez v. City of Yonkers) 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

Gonzalez v. City of Yonkers, 277 A.D.2d 421, 716 N.Y.S.2d 893, 2000 N.Y. App. Div. LEXIS 12276 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated September 29, 1999, which granted the motion of the defendant City of Yonkers for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Even if the left-turn traffic signal at the intersection at issue was not operational at the time of the accident, the status of the signal was not a proximate cause of the accident (see, Rubinfeld v City of New York, 263 AD2d 448). Therefore, the Supreme Court properly granted the respondent’s motion for summary judgment dismissing the complaint insofar as asserted against it. O’Brien, J. P., Sullivan, Krausman, Goldstein and Schmidt, 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, Westchester County (Coppola, J.), dated September 29, 1999, which granted the motion of the defendant City of Yonkers for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

Even if the left-turn traffic signal at the intersection at issue was not operational at the time of the accident, the status of the signal was not a proximate cause of the accident (see, Rubinfeld v City of New York, 263 AD2d 448). Therefore, the Supreme Court properly granted the respondent’s motion for summary judgment dismissing the complaint insofar as asserted against it. O’Brien, J. P., Sullivan, Krausman, Goldstein and Schmidt, JJ., concur.

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Bluebook (online)

277 A.D.2d 421, 716 N.Y.S.2d 893, 2000 N.Y. App. Div. LEXIS 12276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-city-of-yonkers-nyappdiv-2000.

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