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Alebrande v. Degennaro

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1992
187 A.D.2d 358 (N.Y. App. Div. 1992)

Opinion

November 17, 1992

Appeal from the Supreme Court, Bronx County (Alan J. Saks, J.).


This is a negligence case involving a traffic accident at an intersection. It is not dispositive that defendant-appellant had the green light in his favor (Costalas v City of New York, 143 A.D.2d 573, 575). Here, there is a question as to whether or not defendant-appellant acted reasonably under the circumstances, which cannot be decided as a matter of law (see, Garcia v J.C. Duggan, Inc., 180 A.D.2d 579, 580).

Defendant-appellant's argument under the "emergency doctrine" (Rivera v New York City Tr. Auth., 77 N.Y.2d 322, 326) is concededly made for the first time on appeal, and we therefore do not reach its merits (City of New York v Stack, 178 A.D.2d 355, lv denied 80 N.Y.2d 753). Were we to reach its merits, we would reject defendant-appellant's argument.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.


Summaries of

Alebrande v. Degennaro

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1992
187 A.D.2d 358 (N.Y. App. Div. 1992)
Case details for

Alebrande v. Degennaro

Case Details

Full title:SALVATORE ALEBRANDE, Respondent, v. THOMAS DEGENNARO, Respondent, and…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 17, 1992

Citations

187 A.D.2d 358 (N.Y. App. Div. 1992)