White v. Hoffman

Appellate Division of the Supreme Court of New York

White v. Hoffman

135 A.D.3d 526, 22 N.Y.S.3d 840

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

DecidedJanuary 14, 2016

Docket155487/12

StatusPublished

This text of 135 A.D.3d 526 (White v. Hoffman) 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

White v. Hoffman, 135 A.D.3d 526, 22 N.Y.S.3d 840 (N.Y. Ct. App. 2016).

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Opinion

*527 Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about August 8, 2014, which denied plaintiffs’ motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff Ronald White alleges that he was injured when, while riding his bicycle on a designated path, defendant fellow bicyclist made a sudden left hand turn in front of plaintiff causing him to strike defendant’s bicycle. The record, including the parties’ deposition testimony, presents triable issues of fact as to whose negligence caused the subject accident (see Bruni v City of New York, 2 NY3d 319, 328 [2004]).

We have considered plaintiffs’ remaining arguments and find then unavailing. Concur — Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.

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*527 Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about August 8, 2014, which denied plaintiffs’ motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff Ronald White alleges that he was injured when, while riding his bicycle on a designated path, defendant fellow bicyclist made a sudden left hand turn in front of plaintiff causing him to strike defendant’s bicycle. The record, including the parties’ deposition testimony, presents triable issues of fact as to whose negligence caused the subject accident (see Bruni v City of New York, 2 NY3d 319, 328 [2004]).

We have considered plaintiffs’ remaining arguments and find then unavailing. Concur — Tom, J.P., Sweeny, Richter and Manzanet-Daniels, JJ.

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Bluebook (online)

135 A.D.3d 526, 22 N.Y.S.3d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-hoffman-nyappdiv-2016.

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