Legal Opinion
Pace v. Robinson
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 7 opinions
1Opinion of the Court
*531Plaintiffs established their entitlement to judgment as a matter of law on the issue of liability, and in opposition, defendant failed to raise a triable issue of fact. Defendant’s own uncontroverted testimony, stating that he approached a stop sign and then failed to yield the right of way to plaintiff Peter Pace as he was riding his motorcycle, established defendant’s negligence as a matter of law based on his violation of Vehicle and Traffic Law § 1142 (a) (see Murchison v Incognoli, 5 AD3d 271 [2004]). Defendant’s argument that Pace was comparatively negligent is unavailing. “[I]t is not…
2Cases cited2 opinions
- Murchison v. IncognoliAppellate Division of the Supreme Court of the State of New York · 2004
- Tselebis v. Ryder Truck Rental, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by7 opinions
- Rodriguez v. City of N.Y.Court for the Trial of Impeachments and Correction of Errors · 2018
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Uribe v. Pronto Gas Heating Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- McCants v. FranchiAppellate Division of the Supreme Court of the State of New York · 2021
- McCants v. FranchiAppellate Division of the Supreme Court of the State of New York · 2021
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