Barbaruolo v. DiFede
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Nassau County (Brandveen, J.), dated July 7, 2009, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.
A driver is not required to anticipate that an automobile going in the opposite direction will cross over into oncoming traffic (see Snemyr v Morales-Aparicio, 47 AD3d 702, 703 [2008]; Lee v Ratz, 19…
2Cases cited9 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Foster v. SanchezAppellate Division of the Supreme Court of the State of New York · 2005
- Marsch v. CatanzaroAppellate Division of the Supreme Court of the State of New York · 2007
- Lee v. RatzAppellate Division of the Supreme Court of the State of New York · 2005
- Eichenwald v. ChaudhryAppellate Division of the Supreme Court of the State of New York · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Vainer v. DiSalvoAppellate Division of the Supreme Court of the State of New York · 2010
- Browne v. Logan Bus Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Ciraldo v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2017
- Kreis v. KiyonagaAppellate Division of the Supreme Court of the State of New York · 2021
- Sanchez-Santiago v. Call-A-Head Corp.Appellate Division of the Supreme Court of the State of New York · 2012
3 more not listed; retrieve them via the Exa API.