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Tossas v. Ponce

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2005
24 A.D.3d 224 (N.Y. App. Div. 2005)

Opinion

7368.

December 13, 2005.

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 7, 2004, which denied defendant-appellant's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

Before: Tom, J.P., Marlow, Gonzalez and Sweeny, JJ., concur.


The parties' conflicting deposition testimony raises triable issues of fact with respect to the details of this three-car motor vehicle accident, and whether defendant-appellant could have avoided the impact by taking evasive action or reducing speed, thus precluding summary judgment in his favor based upon the applicability of the emergency doctrine ( see Raposo v. Raposo, 250 AD2d 420).


Summaries of

Tossas v. Ponce

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 2005
24 A.D.3d 224 (N.Y. App. Div. 2005)
Case details for

Tossas v. Ponce

Case Details

Full title:GEORGE TOSSAS, Respondent, v. JOHN N. PONCE et al., Defendants, and JOSEPH…

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

Date published: Dec 13, 2005

Citations

24 A.D.3d 224 (N.Y. App. Div. 2005)
804 N.Y.S.2d 919

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