Legal Opinion

Warren v. Donovan

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

Decided October 27, 1998PublishedCited by 7 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lottie Wilkins, J.), entered on or about November 12, 1997, which granted plaintiffs’ motion for summary judgment as to liability, unanimously affirmed, without costs.

Assuming defendant’s unsigned deposition transcript should be considered even though he had urged the contrary before the motion court, nothing therein avails him. The rear end collision raises an inference of defendant’s negligence (see, Galante v BMW Fin. Servs., 223 AD2d 421), and his proffered explanation — that his vehicle “hydroplaned” in foggy and rainy weather conditions — shows…

2Cases cited3 opinions

  1. Young v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  2. McMahon v. ButlerAppellate Division of the Supreme Court of the State of New York · 1980
  3. Galante v. BMW Financial Services North America, Inc.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by7 opinions

  1. Mahar v. US XPRESS ENTERPRISES, INC.District Court, N.D. New York · 2010
  2. Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. National Interstate v. A.J. Murphy Co.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Kante v. RuizAppellate Division of the Supreme Court of the State of New York · 2023
  5. O'Rourke v. CarucciAppellate Division of the Supreme Court of the State of New York · 2014

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