Legal Opinion

Ebanks v. Triboro Coach Corp.

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

Decided April 15, 2003PublishedCited by 8 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about September 9, 2002, which denied plaintiffs motion for partial summary judgment as to liability, unanimously affirmed, without costs.

Although the vehicle owned by defendant Triboro Coach and operated by defendant Ruffino hit plaintiffs stationary vehicle from behind, summary judgment as to liability was properly denied since Ruffino adequately explained the collision as attributable to circumstances other than negligence on his part (cf. Mitchell v Gonzalez, 269 AD2d 250 [2000]). Ruffino’s testimony that he was driving…

2Cases cited3 opinions

  1. Mitchell v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2000
  2. Noia v. De RosaNew York Court of Appeals · 1981
  3. Noia v. De RosaAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by8 opinions

  1. Briceno v. MilbryAppellate Division of the Supreme Court of the State of New York · 2005
  2. Naseer v. Dynasty Home ImprovementAppellate Division of the Supreme Court of the State of New York · 2014
  3. Rosario v. VasquezAppellate Division of the Supreme Court of the State of New York · 2012
  4. Woods v. Harris-Camden Terminal Equip. Inc.Appellate Division of the Supreme Court of the State of New York · 2024
  5. Woods v. Harris-Camden Terminal Equip. Inc.Appellate Division of the Supreme Court of the State of New York · 2024

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