Thoma v. Ronai
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order, Supreme Court, New York County (Charles E. Ramos, J.), entered July 15, 1991, which denied plaintiffs motion for summary judgment, affirmed, without costs.
Although defendant did not dispute plaintiffs averment that she was lawfully in the crosswalk when he struck her with his van as he turned left, summary judgment was prop*636erly denied since a failure to yield the right of way does not ipso facto settle the question of whether the other party was herself guilty of negligence (see, Schmidt v Flickinger Co., 88 AD2d 1068, appeal withdrawn 58 NY2d 655; Pécora v Marique, 273 App Div 705).…
2Cases cited8 opinions
- Olan v. Farrell Lines Inc.New York Court of Appeals · 1985
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Barker v. . SavageNew York Court of Appeals · 1871
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Schmidt v. S. M. Flickinger Co.Appellate Division of the Supreme Court of the State of New York · 1982
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3Cited by26 opinions
- Calcano v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2012
- Tselebis v. Ryder Truck Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Bendik v. DybowskiAppellate Division of the Supreme Court of the State of New York · 1996
- Ruocco v. MulhallAppellate Division of the Supreme Court of the State of New York · 2001
- Dragunova v. DonderoAppellate Division of the Supreme Court of the State of New York · 2003
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