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Salenius v. Lisbon

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 1995
217 A.D.2d 692 (N.Y. App. Div. 1995)

Opinion

July 31, 1995

Appeal from the Supreme Court, Suffolk County (Floyd, J.).


Ordered that the order is affirmed, with costs.

The internal accident report submitted by the plaintiff, in which the operator of the offending vehicle admitted that he had "run" a red light, made out a prima facie case that the defendants were solely liable for the accident (see, CPLR 3212 [b]). The only evidence submitted by the defendants in opposition to the motion was the deposition testimony of the plaintiff, which failed to raise a triable issue of fact as to whether she had been contributorily negligent in failing to exercise reasonable care in entering the intersection or in avoiding the collision (see, CPLR 3212 [b]). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.


Summaries of

Salenius v. Lisbon

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 1995
217 A.D.2d 692 (N.Y. App. Div. 1995)
Case details for

Salenius v. Lisbon

Case Details

Full title:PATRICIA A. SALENIUS, Respondent, v. JOE LISBON, JR., et al., Appellants

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

Date published: Jul 31, 1995

Citations

217 A.D.2d 692 (N.Y. App. Div. 1995)
630 N.Y.S.2d 531

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