Vermilyea v. Lee

Appellate Division of the Supreme Court of New York

Vermilyea v. Lee

30 A.D.2d 830, 293 N.Y.S.2d 708, 1968 N.Y. App. Div. LEXIS 3483

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

DecidedJuly 8, 1968

StatusPublished

This text of 30 A.D.2d 830 (Vermilyea v. Lee) 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

Vermilyea v. Lee, 30 A.D.2d 830, 293 N.Y.S.2d 708, 1968 N.Y. App. Div. LEXIS 3483 (N.Y. Ct. App. 1968).

Pincite

Opinion

In an automobile negligence action to recover damages, defendant Lawrence- Scully appeals from order of the Supreme Court, Dutchess County, dated August 18, 1967, which denied his motion, pursuant to CPLR 3212, for summary judgment dismissing the complaint as against him. Order reversed, with $10 costs and disbursements, and motion granted. In our opinion, [831]*831the papers submitted herein clearly establish that nothing in appellant’s conduct can be construed as having been a proximate cause of plaintiff’s injuries. Therefore, there can be no liability on his part and no triable issue as to whether he was negligent (see Rivera v. City of New York, 11 N Y 2d 856). Beldock, P. J., Christ, Rabin, Munder and Martuscello, JJ., concur.

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In an automobile negligence action to recover damages, defendant Lawrence- Scully appeals from order of the Supreme Court, Dutchess County, dated August 18, 1967, which denied his motion, pursuant to CPLR 3212, for summary judgment dismissing the complaint as against him. Order reversed, with $10 costs and disbursements, and motion granted. In our opinion, [831]*831the papers submitted herein clearly establish that nothing in appellant’s conduct can be construed as having been a proximate cause of plaintiff’s injuries. Therefore, there can be no liability on his part and no triable issue as to whether he was negligent (see Rivera v. City of New York, 11 N Y 2d 856). Beldock, P. J., Christ, Rabin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 830, 293 N.Y.S.2d 708, 1968 N.Y. App. Div. LEXIS 3483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vermilyea-v-lee-nyappdiv-1968.