Legal Opinion

Ross v. Szoke

Appellate Terms of the Supreme Court of New York

Decided June 5, 2003PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order unanimously modified by providing that plaintiffs’ cross motion for summary judgment as against defendants Amodeo on the issue of liability is denied; as so modified, affirmed without costs.

The motion by defendant Córtese for summary judgment was properly granted. Córtese was stopped at the intersection and waiting to turn when he was hit from behind. A driver in this situation has no legal duty to anticipate that a rear-end collision will occur, and no duty to keep the car’s wheels straight to avoid being pushed into oncoming traffic by such a collision…

2Cases cited10 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  4. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  5. Brown v. ShyneNew York Court of Appeals · 1926

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3Cited by2 opinions

  1. SIC v. NunanConnecticut Appellate Court · 2011
  2. SIC v. NunanConnecticut Appellate Court · 2011

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