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Klee v. Americas Best Bottling Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 911 (N.Y. App. Div. 2009)

Opinion

No. 2008-04138.

March 24, 2009.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated March 27, 2008, which granted the plaintiffs motion for summary judgment on the issue of liability.

Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York, N.Y. (Richard E. Lerner, Gregory S. Katz, and Trevor J. Barr of counsel), for appellants.

Thomas D. Wilson, P.C., Brooklyn, N.Y., for respondent.

Before: Skelos, J.P., Santucci, Angiolillo, Dickerson and Chambers, JJ.


Ordered that the order is affirmed, without costs or disbursements.

The plaintiff pedestrian was crossing the street in a crosswalk with the traffic signal in his favor when, as he was about three quarters of the way across the street, he was struck on his left side by the defendants' vehicle as it was making a left turn. The evidence submitted by the plaintiff established, as a matter of law, that the defendant driver violated Vehicle and Traffic Law § 1112 (a) and that the plaintiff was free from comparative negligence ( cf. Cator v Filipe, 47 AD3d 664). In opposition, the defendants failed to raise a triable issue of fact. Accordingly, the plaintiffs motion for summary judgment on the issue of liability was properly granted.


Summaries of

Klee v. Americas Best Bottling Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 2009
60 A.D.3d 911 (N.Y. App. Div. 2009)
Case details for

Klee v. Americas Best Bottling Co., Inc.

Case Details

Full title:LEWIS KLEE, Respondent, v. AMERICAS BEST BOTTLING CO., INC., et al.…

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

Date published: Mar 24, 2009

Citations

60 A.D.3d 911 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2330
875 N.Y.S.2d 270

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