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Acosta v. Plumbing

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 2008
55 A.D.3d 466 (N.Y. App. Div. 2008)

Opinion

October 28, 2008.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about February 13, 2008, which, in an action for personal injuries resulting from a car accident, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Tom, J.P., Saxe, Williams, Catterson and Moskowitz, JJ.


It cannot be said, as a matter of law, that plaintiffs conduct was the sole proximate cause of the accident. The evidence shows that both plaintiff and defendant driver had stop signs before them, and each claims to be the first to enter the intersection where the collision occurred. Accordingly, there are triable issues of fact as to the events surrounding the accident, including which driver had the right of way ( see e.g. Pappalardi v Jones, 29 AD3d 391; Hernandez v Bestway Beer Soda Distrib., 301 AD2d 381).


Summaries of

Acosta v. Plumbing

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 2008
55 A.D.3d 466 (N.Y. App. Div. 2008)
Case details for

Acosta v. Plumbing

Case Details

Full title:CARMEN D. ACOSTA, Respondent, v. BLATT PLUMBING INC. et al., Appellants

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

Date published: Oct 28, 2008

Citations

55 A.D.3d 466 (N.Y. App. Div. 2008)
865 N.Y.S.2d 592

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