Rivera v. Paz

Appellate Division of the Supreme Court of New York

Rivera v. Paz

250 A.D.2d 534, 672 N.Y.S.2d 704, 1998 N.Y. App. Div. LEXIS 5933

Appellate Division of the Supreme Court of the State of New York·Decided May 26, 1998·Published

Opinion

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about December 18, 1997, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs. .

Considering all of the factors pertinent to the question of whether defendant-appellant had a reasonable opportunity under the circumstances to avoid the subject accident (see, Carson v De Lorenzo, 238 AD2d 790, lv denied 90 NY2d 810), we agree with the motion court that appellant’s testimony does no more than raise a jury question as to whether appellant was in fact confronted with an emergency situation (see, e.g., Williams v Doran, 240 AD2d 349). Appellant did not present clear and unrefuted evidence that plaintiff driver was exclusively at fault for the accident (cf., Ruotolo v Ambu-Wagon, Inc., 206 AD2d 416). Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about December 18, 1997, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs. .

Considering all of the factors pertinent to the question of whether defendant-appellant had a reasonable opportunity under the circumstances to avoid the subject accident (see, Carson v De Lorenzo, 238 AD2d 790, lv denied 90 NY2d 810), we agree with the motion court that appellant’s testimony does no more than raise a jury question as to whether appellant was in fact confronted with an emergency situation (see, e.g., Williams v Doran, 240 AD2d 349). Appellant did not present clear and unrefuted evidence that plaintiff driver was exclusively at fault for the accident (cf., Ruotolo v Ambu-Wagon, Inc., 206 AD2d 416). Concur — Milonas, J. P., Nardelli, Mazzarelli and Andrias, JJ.

Rivera v. Paz, 250 A.D.2d 534, 672 N.Y.S.2d 704, 1998 N.Y. App. Div. LEXIS 5933 (N.Y. Ct. App. 1998).

Pincite

250 A.D.2d 534 (Rivera v. Paz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related