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Guerriero v. Timberlake

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 393 (N.Y. App. Div. 1998)

Opinion

October 19, 1998

Appeal from the Supreme Court, Queens County (Lisa, J.).


Ordered that the order is affirmed, with costs.

The plaintiffs made out a prima facie case that the defendant Kelly Timberlake was negligent when the vehicle she was operating went through a red light and struck the plaintiffs' vehicle ( see, Salenius v. Lisbon, 217 A.D.2d 692; see also, Bolta v. Lohan, 242 A.D.2d 356). The defendants' opposition thereto, which amounted only to mere supposition and hope that the jury might find some negligence on the part of the plaintiff George Guerriero, was insufficient to raise a factual question sufficient to warrant the denial of summary judgment ( see, Salenius v. Lisbon, supra; see, generally, Zuckerman v. City of New York, 49 N.Y.2d 557).

Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.


Summaries of

Guerriero v. Timberlake

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 393 (N.Y. App. Div. 1998)
Case details for

Guerriero v. Timberlake

Case Details

Full title:ISABELLA GUERRIERO et al., Respondents, v. KELLY TIMBERLAKE et al.…

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

Date published: Oct 19, 1998

Citations

254 A.D.2d 393 (N.Y. App. Div. 1998)
678 N.Y.S.2d 739

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