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Coleman v. McSweeney

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1996
226 A.D.2d 265 (N.Y. App. Div. 1996)

Opinion

April 23, 1996

Appeal from the Supreme Court, Bronx County (Luis Gonzalez, J.).


Plaintiffs' contention that defendant Bedaure, whose vehicle struck plaintiffs' vehicle head-on after having been propelled forward by a rear-end collision with codefendant's vehicle, may have been partially responsible for the accident because her wheels were improperly turned in the direction she planned to turn while standing at a red light, or because she panicked after the initial impact with codefendant's vehicle, was properly rejected by the IAS Court as too conjectural to raise an issue of fact. Upon this record, the sole proximate cause of the accident was codefendant's failure to maintain a safe distance between the vehicles ( see, Silberman v. Surrey Cadillac Limousine Serv., 109 A.D.2d 833).

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Tom, JJ.


Summaries of

Coleman v. McSweeney

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1996
226 A.D.2d 265 (N.Y. App. Div. 1996)
Case details for

Coleman v. McSweeney

Case Details

Full title:ROSANNA A.M. COLEMAN et al., Appellants, v. JAMES N. McSWEENEY et al.…

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

Date published: Apr 23, 1996

Citations

226 A.D.2d 265 (N.Y. App. Div. 1996)
641 N.Y.S.2d 272