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Ebanks v. Triboro Coach Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 2003
304 A.D.2d 406 (N.Y. App. Div. 2003)

Opinion

796

April 15, 2003.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about September 9, 2002, which denied plaintiff's motion for partial summary judgment as to liability, unanimously affirmed, without costs.

Morton Alpert, for plaintiff-appellant.

Roy Karlin, for defendants-respondents.

Before: Nardelli, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.


Although the vehicle owned by defendant Triboro Coach and operated by defendant Ruffino hit plaintiff's stationary vehicle from behind, summary judgment as to liability was properly denied since Ruffino adequately explained the collision as attributable to circumstances other than negligence on his part (cf. Mitchell v. Gonzalez, 269 A.D.2d 250). Ruffino's testimony that he was driving approximately two bus lengths behind plaintiff and traveling slowly, i.e., 10 to 15 miles per hour, due to hazardous road conditions, but nonetheless skidded on snow and ice into plaintiff's vehicle as he attempted to stop, was sufficient to require a trial on the issue of defendants' liability for negligence (see Noia v. De Rosa, 78 A.D.2d 789, affd 54 N.Y.2d 631).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Ebanks v. Triboro Coach Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 2003
304 A.D.2d 406 (N.Y. App. Div. 2003)
Case details for

Ebanks v. Triboro Coach Corp.

Case Details

Full title:ARTHUR EBANKS, Plaintiff-Appellant, v. TRIBORO COACH CORP., ET AL.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 15, 2003

Citations

304 A.D.2d 406 (N.Y. App. Div. 2003)
757 N.Y.S.2d 296

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