Legal Opinion
Zummo v. Holmes
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 2008PublishedCited by 7 opinions
1Opinion of the Court
Plaintiff made a prima facie showing of entitlement to summary judgment on the issue of liability. Plaintiff was driving in the right lane when defendant Holmes, who was driving a tractor trailer in the lane to plaintiffs left, attempted to merge into plaintiffs lane when his lane ended, at which point the tractor trailer struck plaintiffs vehicle (see Williams v New York City Tr. Auth., 37 AD3d 827 [2007]; Vehicle and Traffic Law § 1128 [a]). In opposition, defendants failed to raise a triable issue of fact as to comparative negligence on the part of plaintiff (see Neryaev v Solon, 6 AD3d…
2Cases cited2 opinions
- Neryaev v. SolonAppellate Division of the Supreme Court of the State of New York · 2004
- Williams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- Guerrero v. MillaAppellate Division of the Supreme Court of the State of New York · 2016
- Davis v. TurnerAppellate Division of the Supreme Court of the State of New York · 2015
- Steigelman v. Transervice Lease Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Cascante v. KakayAppellate Division of the Supreme Court of the State of New York · 2011
- Coaker v. MuletAppellate Division of the Supreme Court of the State of New York · 2016
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