Rogers v. Consol. Edison Co. of N.Y.

2 Citing cases

  1. Tsarenkov v. Rosenbaum

    231 A.D.3d 1184 (N.Y. App. Div. 2024)

    [4] Here, in support of their motion, the defendants submitted, inter alia, the transcripts of Rosenbaum’s and the plaintiff’s depositions. The defendants failed to establish, prima facie, that Rosenbaum was free from fault in the happening of the accident or that the alleged negligence of the plaintiff was the sole proximate cause thereof (see Rogers v. Consolidated Edison Co. of N.Y., Inc., 223 A.D.3d 689, 691, 203 N.Y.S.3d 360; Woods v. Burgos, 220 A.D.3d 688, 689, 197 N.Y.S.3d 324). In particular, the defendants failed to demonstrate that Rosenbaum kept a proper lookout as he approached the intersection or that he exercised reasonable care to avoid a collision with the plaintiff’s bicycle (see Elkholy v. Dawkins, 175 A.D.3d 1487, 1488, 109 N.Y.S.3d 392; Rojas v. Solis, 154 A.D.3d 985, 986, 62 N.Y.S.3d 511).

  2. Tsarenkov v. Rosenbaum

    2024 N.Y. Slip Op. 5365 (N.Y. App. Div. 2024)   Cited 1 times

    Here, in support of their motion, the defendants submitted, inter alia, the transcripts of Rosenbaum's and the plaintiff's depositions. The defendants failed to establish, prima facie, that Rosenbaum was free from fault in the happening of the accident or that the alleged negligence of the plaintiff was the sole proximate cause thereof (see Rogers v Consolidated Edison Co. of N.Y., Inc., 223 A.D.3d 689, 691; Woods v Burgos, 220 A.D.3d 688, 689). In particular, the defendants failed to demonstrate that Rosenbaum kept a proper lookout as he approached the intersection or that he exercised reasonable care to avoid a collision with the plaintiff's bicycle (see Elkholy v Dawkins, 175 A.D.3d 1487, 1488; Rojas v Solis, 154 A.D.3d 985, 986).