Desouki v. Keeler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated April 14, 2008, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing that the plaintiff, who was riding his bicycle without operational brakes, proceeded into an intersection and failed to yield the right-of-way to the defendants’ approaching motor vehicle (see…
2Cases cited1 opinion
- Trzepacz v. JaraAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by1 opinion
- Thoresz v. ValloneAppellate Division of the Supreme Court of the State of New York · 2010