Legal Opinion

Desouki v. Keeler

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

Decided May 26, 2009PublishedCited by 1 opinion

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

  1. Trzepacz v. JaraAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by1 opinion

  1. Thoresz v. ValloneAppellate Division of the Supreme Court of the State of New York · 2010

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