Cooley v. Urban

Scudder and Hayes, JJ. (dissenting):

We respectfully dissent. In our view, defendant Albert J. Urban established his entitlement to judgment as a matter of law and plaintiff failed to raise an issue of fact whether Urban was negligent. In support of the motion, Urban submitted his deposition testimony. Urban testified that he was traveling northbound on Harlem Road in the Town of West Seneca at approximately 30 to 35 miles per hour when a vehicle traveling southbound and being driven by defendant Raymond J. Cooley (Cooley) failed to yield the right-of-way and turned left in front of Urban’s…