Jaffe v. Davis

Appellate Division of the Supreme Court of New York

Jaffe v. Davis

214 A.D.2d 330, 625 N.Y.S.2d 888, 1995 N.Y. App. Div. LEXIS 3646

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

DecidedApril 4, 1995

StatusPublished

Cited by7 cases

This text of 214 A.D.2d 330 (Jaffe v. Davis) 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.

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Jaffe v. Davis, 214 A.D.2d 330, 625 N.Y.S.2d 888, 1995 N.Y. App. Div. LEXIS 3646 (N.Y. Ct. App. 1995).

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Opinion

Order, Supreme Court, Bronx County (Anne Targum, J.), entered September 14, 1994, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.

In a negligence case, summary judgment may not be appropriate even where the facts are uncontested (Garcia v J. C. Duggan, Inc., 180 AD2d 579, 580). As the IAS Court held, the conduct of the driver of appellant’s car in placing it in an open lane of traffic after rear-ending plaintiff’s car at a toll booth permits conflicting inferences whether such contributed "in any way” to the accident that resulted in plaintiff’s injuries (cf., Joseph v New York City Tr. Auth., 149 AD2d 669). Defendant’s argument that plaintiff’s own superseding negligence severed any causal connection is made for the first time on appeal, and we decline to reach it (see, City of New York v Stack, 178 AD2d 355, lv denied 80 NY2d 753). Concur—Ellerin, J. P., Kupferman, Ross, Asch and Tom, JJ.

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Order, Supreme Court, Bronx County (Anne Targum, J.), entered September 14, 1994, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against her, unanimously affirmed, without costs.

In a negligence case, summary judgment may not be appropriate even where the facts are uncontested (Garcia v J. C. Duggan, Inc., 180 AD2d 579, 580). As the IAS Court held, the conduct of the driver of appellant’s car in placing it in an open lane of traffic after rear-ending plaintiff’s car at a toll booth permits conflicting inferences whether such contributed "in any way” to the accident that resulted in plaintiff’s injuries (cf., Joseph v New York City Tr. Auth., 149 AD2d 669). Defendant’s argument that plaintiff’s own superseding negligence severed any causal connection is made for the first time on appeal, and we decline to reach it (see, City of New York v Stack, 178 AD2d 355, lv denied 80 NY2d 753). Concur—Ellerin, J. P., Kupferman, Ross, Asch and Tom, JJ.

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Bluebook (online)

214 A.D.2d 330, 625 N.Y.S.2d 888, 1995 N.Y. App. Div. LEXIS 3646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaffe-v-davis-nyappdiv-1995.

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