Legal Opinion · Dissent

Nevarez v. S.R.M. Management Corp.

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

Decided November 20, 2008Published

1DissentCatterson, J.

Extensive and consistent precedent of this Court establishes that the driver of a car traveling on a dominant or through street with the right-of-way is entitled to presume that a driver approaching an intersection on the subservient street controlled by a stop sign will yield. Because the plaintiff failed to come forward with evidence of negligence on the part of the driver on the dominant street, I respectfully dissent.

In my view, the motion court erred in denying the defendants’ summary judgment motion. The evidence establishes that the defendants’ vehicle had the right-of-way and that, in…

2Cases cited14 opinions

  1. Ward v. . ClarkNew York Court of Appeals · 1921
  2. Healy v. RennertNew York Court of Appeals · 1961
  3. Shea v. JudsonNew York Court of Appeals · 1940
  4. Namisnak v. MartinAppellate Division of the Supreme Court of the State of New York · 1997
  5. Perez v. Brux Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1998

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