Vitale v. V&D Transport

Appellate Division of the Supreme Court of New York

Vitale v. V&D Transport

281 A.D.2d 209, 721 N.Y.S.2d 530, 2001 N.Y. App. Div. LEXIS 2235

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

DecidedMarch 8, 2001

StatusPublished

Cited by1 cases

This text of 281 A.D.2d 209 (Vitale v. V&D Transport) 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

Vitale v. V&D Transport, 281 A.D.2d 209, 721 N.Y.S.2d 530, 2001 N.Y. App. Div. LEXIS 2235 (N.Y. Ct. App. 2001).

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Opinion

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about January 20, 2000, which, in an action for personal injuries sustained by plaintiff when the vehicle he was driving collided with the rear end of defendants’ vehicle, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly denied, there being issues of fact as to whether defendants’ vehicle was stopped at the time of the collision, and, if so, whether the claimed suddenness of the stop without brake signals contributed to the collision (see, Lumley v General Mills, 240 AD2d 201). Concur — Nardelli, J. P., Williams, Tom and Lerner, JJ.

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Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about January 20, 2000, which, in an action for personal injuries sustained by plaintiff when the vehicle he was driving collided with the rear end of defendants’ vehicle, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion was properly denied, there being issues of fact as to whether defendants’ vehicle was stopped at the time of the collision, and, if so, whether the claimed suddenness of the stop without brake signals contributed to the collision (see, Lumley v General Mills, 240 AD2d 201). Concur — Nardelli, J. P., Williams, Tom and Lerner, JJ.

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Bluebook (online)

281 A.D.2d 209, 721 N.Y.S.2d 530, 2001 N.Y. App. Div. LEXIS 2235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vitale-v-vd-transport-nyappdiv-2001.

Opinion

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