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Montero v. Muller

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 576 (N.Y. App. Div. 2000)

Opinion

Submitted January 19, 2000

February 28, 2000

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Franco, J.), dated July 27, 1999, which denied her motion for partial summary judgment on the issue of liability.

Sanders, Sanders, Block Woycik, P.C., Mineola, N.Y. (Howard Eison of counsel), for appellant.

Peter T. Affatato, Bethpage, N.Y. (David M. Lira of counsel), for respondents.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for an assessment of damages.

Under the circumstances of this case, where, inter alia, it is undisputed that the defendant Donald Muller was intoxicated at the time that the motor vehicle he was operating crossed over to the wrong side of the road and struck the plaintiff, there exist no triable issues of fact (see, CPLR 3212[b]) as to whether that defendant's negligence was the sole proximate cause of the accident.


Summaries of

Montero v. Muller

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 576 (N.Y. App. Div. 2000)
Case details for

Montero v. Muller

Case Details

Full title:EDHER MONTERO, appellant, v. CAROL MULLER, et al., respondents

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 576 (N.Y. App. Div. 2000)
704 N.Y.S.2d 507

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