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Bongiovanni v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 540 (N.Y. App. Div. 1998)

Opinion

November 30, 1998

Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).


Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The evidence submitted by the plaintiff on his motion established that the defendant failed to stop at a stop sign and made out a prima facie case that the accident resulted solely from the defendant's negligence ( see, Vehicle and Traffic Law § 1142 Veh. Traf. [a]; Bolta v. Lohan, 242 A.D.2d 356; Gamar v. Gamar, 114 A.D.2d 487). The evidence submitted by the defendant in opposition did not raise a triable issue of fact and was insufficient to defeat the plaintiff's motion for summary judgment on the issue of liability ( see, Maxwell v. Land-Saunders, 233 A.D.2d 303).

Rosenblatt, J. P., Ritter, Copertino and McGinity, JJ., concur.


Summaries of

Bongiovanni v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1998
255 A.D.2d 540 (N.Y. App. Div. 1998)
Case details for

Bongiovanni v. Marino

Case Details

Full title:CALOGERO J. BONGIOVANNI, Appellant, v. JO ANN A. MARINO, Respondent

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

Date published: Nov 30, 1998

Citations

255 A.D.2d 540 (N.Y. App. Div. 1998)
680 N.Y.S.2d 865

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