Behr v. Graham

Appeal from an order of Supreme Court, Erie County (Cosgrove, J.), entered April 10, 2001, which granted plaintiffs’ motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is denied.

Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment on the issue of liability. Defendant, who was traveling eastbound, was stopped in the left turn lane with his turn signal engaged. According to his deposition testimony, he believed that the westbound…