Legal Opinion

Cervera v. Moran

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

Decided November 18, 2014No. 13506 305699/11PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered May 18, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment as to liability, unanimously reversed, on the law, without costs, and the motion granted.

The fact that a vehicle is double parked “does not automatically establish that such double-parking was the proximate cause of the accident” (DeAngelis v Kirschner, 171 AD2d 593, 595 [1st Dept 1991]). Here, plaintiff established her prima facie entitlement to summary judgment by demonstrating that the location of her…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. White v. DiazAppellate Division of the Supreme Court of the State of New York · 2008
  3. DeAngelis v. KischnerAppellate Division of the Supreme Court of the State of New York · 1991
  4. Wechter v. KelnerAppellate Division of the Supreme Court of the State of New York · 2007
  5. Vazquez v. RoldanAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. Barry v. Pepsi-Cola Bottling Co. of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

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