Wolak v. Power Authority of the State of New York

Appellate Division of the Supreme Court of New York

Wolak v. Power Authority of the State of New York

221 A.D.2d 921, 635 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 13404

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

DecidedNovember 15, 1995

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 221 A.D.2d 921 (Wolak v. Power Authority of the State of New York) 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.

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Wolak v. Power Authority of the State of New York, 221 A.D.2d 921, 635 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 13404 (N.Y. Ct. App. 1995).

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Opinion

—Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment. There are triable issues of fact whether defendant breached a duty of care to motorists by failing to install a stop sign or traffic light and whether the absence of those devices was a proximate cause of the accident (see, Alexander v Eldred, 63 NY2d 460). (Appeal from Order and Judgment of Supreme Court, Niagara County, Mintz, J.—Summary Judgment.) Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.

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—Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment. There are triable issues of fact whether defendant breached a duty of care to motorists by failing to install a stop sign or traffic light and whether the absence of those devices was a proximate cause of the accident (see, Alexander v Eldred, 63 NY2d 460). (Appeal from Order and Judgment of Supreme Court, Niagara County, Mintz, J.—Summary Judgment.) Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.

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Bluebook (online)

221 A.D.2d 921, 635 N.Y.S.2d 547, 1995 N.Y. App. Div. LEXIS 13404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolak-v-power-authority-of-the-state-of-new-york-nyappdiv-1995.

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