Calcano v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
There is no disagreement among the members of this panel as to what the record before us shows. Uncontroverted evidence establishes that defendant made an illegal U-turn in the subject incident. However, triable issues of fact remain as to whether the motor vehicle accident resulted in part from any failure of plaintiff to exercise due care (by driving at an excessive speed or by failing to observe defendant’s vehicle) and, if so, in what proportion. On these facts, plaintiff was not entitled to summary judgment as to liability.
Binding precedent of the Court of Appeals holds that the…
2Cases cited9 opinions
- Thoma v. RonaiNew York Court of Appeals · 1993
- Thoma v. RonaiAppellate Division of the Supreme Court of the State of New York · 1993
- Mackenzie v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Bonilla v. GutierrezAppellate Division of the Supreme Court of the State of New York · 2011
- Tselebis v. Ryder Truck Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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3Cited by23 opinions
- Rodriguez v. City of N.Y.Court for the Trial of Impeachments and Correction of Errors · 2018
- Antaki v. MateoAppellate Division of the Supreme Court of the State of New York · 2012
- Maniscalco v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Wein v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2012
- Hathaway v. EastmanNew York Supreme Court · 2013
18 more not listed; retrieve them via the Exa API.