Legal Opinion
DeJesus v. Alba
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 2009PublishedCited by 4 opinions
1Opinion of the Court
*461Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered August 4, 2008, which denied defendants’ motion for summary judgment dismissing the complaint, reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.
There is no question of fact as to how the accident occurred. The record supports the conclusion that plaintiff, 16 years old at the time of the accident, elected to enter the street between cars and, as a result, ran (or in plaintiff’s hastily contrived revision, “walked”) into…
2Cases cited6 opinions
- Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
- Andre v. PomeroyNew York Court of Appeals · 1974
- St. Andrew v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2007
- Jellal v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
- Cunillera v. RandallAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by4 opinions
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- GREEN, ANGELA D. v. HOSLEY, CATHERINE M.Appellate Division of the Supreme Court of the State of New York · 2014
- Ramirez v. MolinaAppellate Division of the Supreme Court of the State of New York · 2014