Legal Opinion

Espinal v. Sureau

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1999PublishedCited by 9 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), dated December 3, 1998, which denied his motion for summary judgment.

*524Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs motion for summary judgment (see, CPLR 3212). The defendant’s vehicle crossed a double-yellow line in violation of Vehicle and Traffic Law § 1126 (a) and struck an oncoming vehicle driven by the plaintiff. The defendant’s violation of that statute may be excused if he exercised reasonable…

2Cases cited2 opinions

  1. Pfaffenbach v. White Plains Express Corp.New York Court of Appeals · 1966
  2. Aranzullo v. SeidellAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by9 opinions

  1. Arricale v. LeoAppellate Division of the Supreme Court of the State of New York · 2002
  2. Snemyr v. Morales-AparicioAppellate Division of the Supreme Court of the State of New York · 2008
  3. Arms v. HalseyAppellate Division of the Supreme Court of the State of New York · 2007
  4. Schager v. Lino Bordi, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Jamal v. Scarsdale Auto Clinic, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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