Yacoub v. Strauss

Full title: JOSEPH YACOUB et al., Respondents, v. MICHAEL J. STRAUSS et al., Appellants

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

Date published: Mar 13, 1998

248 A.D.2d 999 (N.Y. App. Div. 1998)

670 N.Y.S.2d 150

Opinion

March 13, 1998

Appeal from the Supreme Court, Monroe County, Bergin, J. — Summary Judgment.)

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs' motion for partial summary judgment on liability because there are issues of fact with respect to the negligence of Michael J. Strauss (defendant) and the comparative negligence of Joseph Yacoub (plaintiff) (see, Hollenbaugh v. Frontier Asphalt, 231 A.D.2d 865). Those issues of fact include the speed at which plaintiff's bicycle was traveling and whether defendant's vision was obscured by a slow-moving vehicle in the oncoming lane.