Gibson v. Gentry

Appeal from an order of the Supreme Court (O’Shea, J.), entered September 23, 2003 in Chemung County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff commenced this negligence action seeking to recover for injuries he sustained in May 2002 when the bicycle he was riding collided with an automobile operated by defendant. The accident occurred at the intersection of Clemens Center Parkway and Water Street in the City of Elmira, Chemung County, as defendant was executing a right-hand turn onto Water Street. Following joinder of issue and discovery,…