Guerriero v. Timberlake

Appellate Division of the Supreme Court of New York

Guerriero v. Timberlake

254 A.D.2d 393, 678 N.Y.S.2d 739, 1998 N.Y. App. Div. LEXIS 11103

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

DecidedOctober 19, 1998

StatusPublished

Cited by2 cases

This text of 254 A.D.2d 393 (Guerriero v. Timberlake) 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

Guerriero v. Timberlake, 254 A.D.2d 393, 678 N.Y.S.2d 739, 1998 N.Y. App. Div. LEXIS 11103 (N.Y. Ct. App. 1998).

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Opinion

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Lisa, J.), dated November 6, 1997, which granted the motion of the plaintiff George Guerriero to dismiss the counterclaim and the motion of the plaintiffs for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiffs made out a prima facie case that the defendant Kelly Timberlake was negligent when the vehicle she was operating went through a red light and struck the plaintiffs’ vehicle (see, Salenius v Lisbon, 217 AD2d 692; see also, Bolta v Lohan, 242 AD2d 356). The defendants’ opposition thereto, which amounted only to mere supposition and hope that the jury might find some negligence on the part of the plaintiff George Guerriero, was insufficient to raise a factual question sufficient to warrant the denial of summary judgment (see, Salenius v Lisbon, supra; see, generally, Zuckerman v City of New York, 49 NY2d 557). Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Lisa, J.), dated November 6, 1997, which granted the motion of the plaintiff George Guerriero to dismiss the counterclaim and the motion of the plaintiffs for partial summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The plaintiffs made out a prima facie case that the defendant Kelly Timberlake was negligent when the vehicle she was operating went through a red light and struck the plaintiffs’ vehicle (see, Salenius v Lisbon, 217 AD2d 692; see also, Bolta v Lohan, 242 AD2d 356). The defendants’ opposition thereto, which amounted only to mere supposition and hope that the jury might find some negligence on the part of the plaintiff George Guerriero, was insufficient to raise a factual question sufficient to warrant the denial of summary judgment (see, Salenius v Lisbon, supra; see, generally, Zuckerman v City of New York, 49 NY2d 557). Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.

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Bluebook (online)

254 A.D.2d 393, 678 N.Y.S.2d 739, 1998 N.Y. App. Div. LEXIS 11103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerriero-v-timberlake-nyappdiv-1998.

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