Matamoro v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated August 10, 2011, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
A driver is bound to see what is there to be seen through the proper use of his or her senses (see Wilson v Rosedom, 82 AD3d 970 [2011]; Topalis v Zwolski, 76 AD3d 524, 525 [2010]; Gonzalez v County of Suffolk, 277 AD2d 350 [2000]), and a driver with the right-of-way has a duty to use reasonable care to avoid…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Wilson v. RosedomAppellate Division of the Supreme Court of the State of New York · 2011
- Tapia v. Royal Tours Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Jahangir v. Logan Bus Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Spicola v. PiracciAppellate Division of the Supreme Court of the State of New York · 2003
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3Cited by15 opinions
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- Stern v. Amboy Bus Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Horowitz v. 763 Eastern Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2015
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