Hernandez v. Fajardo

Appellate Division of the Supreme Court of New York

Hernandez v. Fajardo

298 A.D.2d 199, 748 N.Y.S.2d 44, 2002 N.Y. App. Div. LEXIS 9555

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

DecidedOctober 10, 2002

StatusPublished

Cited by1 cases

This text of 298 A.D.2d 199 (Hernandez v. Fajardo) 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

Hernandez v. Fajardo, 298 A.D.2d 199, 748 N.Y.S.2d 44, 2002 N.Y. App. Div. LEXIS 9555 (N.Y. Ct. App. 2002).

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Opinion

Order, Supreme Court, New York County (Milton Tingling, J.), entered on or about October 1, 2001, which denied defendant Sportiello’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Summary judgment was properly denied since triable issues exist as to whether defendant Sportiello was negligent when his vehicle struck the vehicle operated by defendant Fajardo from behind, or whether Sportiello was presented with an emergency situation when the Fajardo vehicle, which may have been attempting to avoid a collision with a third automobile, crossed over into the lane in which Sportiello’s vehicle was travelling (see Caban v Vega, 226 AD2d 109, 110-111). Concur — Tom, J.P., Andrias, Saxe, Buckley and Lerner, JJ.

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Order, Supreme Court, New York County (Milton Tingling, J.), entered on or about October 1, 2001, which denied defendant Sportiello’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Summary judgment was properly denied since triable issues exist as to whether defendant Sportiello was negligent when his vehicle struck the vehicle operated by defendant Fajardo from behind, or whether Sportiello was presented with an emergency situation when the Fajardo vehicle, which may have been attempting to avoid a collision with a third automobile, crossed over into the lane in which Sportiello’s vehicle was travelling (see Caban v Vega, 226 AD2d 109, 110-111). Concur — Tom, J.P., Andrias, Saxe, Buckley and Lerner, JJ.

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Bluebook (online)

298 A.D.2d 199, 748 N.Y.S.2d 44, 2002 N.Y. App. Div. LEXIS 9555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-fajardo-nyappdiv-2002.

Opinion

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