Vasquez v. Hernandez

Appellate Division of the Supreme Court of New York

Vasquez v. Hernandez

44 A.D.3d 339, 841 N.Y.S.2d 874

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

DecidedOctober 4, 2007

StatusPublished

This text of 44 A.D.3d 339 (Vasquez v. Hernandez) 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

Vasquez v. Hernandez, 44 A.D.3d 339, 841 N.Y.S.2d 874 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, Bronx County (Lucy Billings, J.), entered May 11, 2007, which, to the extent appealed from, denied so much of defendant Rivera’s motion for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, the motion granted in its entirety, and the complaint dismissed against Rivera. The Clerk is directed to enter judgment accordingly.

The evidence submitted with Rivera’s motion established that he had the right of way when defendant Hernandez made a left-hand turn in front of his vehicle. Since plaintiff offered no competent evidence of Rivera’s negligence for the occurrence of the accident, summary judgment should have been granted, dismissing the complaint against that defendant (see Murchison v Incognoli, 5 AD3d 271 [2004]). Concur—Andrias, J.P., Sullivan, Catterson, McGuire and Malone, JJ.

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Order, Supreme Court, Bronx County (Lucy Billings, J.), entered May 11, 2007, which, to the extent appealed from, denied so much of defendant Rivera’s motion for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, the motion granted in its entirety, and the complaint dismissed against Rivera. The Clerk is directed to enter judgment accordingly.

The evidence submitted with Rivera’s motion established that he had the right of way when defendant Hernandez made a left-hand turn in front of his vehicle. Since plaintiff offered no competent evidence of Rivera’s negligence for the occurrence of the accident, summary judgment should have been granted, dismissing the complaint against that defendant (see Murchison v Incognoli, 5 AD3d 271 [2004]). Concur—Andrias, J.P., Sullivan, Catterson, McGuire and Malone, JJ.

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Bluebook (online)

44 A.D.3d 339, 841 N.Y.S.2d 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-hernandez-nyappdiv-2007.

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