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Plaut v. Allright Parking Management, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 31, 2005
18 A.D.3d 396 (N.Y. App. Div. 2005)

Summary

holding that the court erred in not granting the plaintiff's motion for summary judgment on the issue of liability where the defendants' assertion that the plaintiff was comparatively negligent was "speculative and unsupported by the record"

Summary of this case from Brill v. Queens Lumber Co.

Opinion

6193.

May 31, 2005.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about September 21, 2004, which, to the extent appealed from, granted plaintiff partial summary judgment on the issue of negligence against defendant Gyamfi except with respect to plaintiff's comparative negligence, unanimously modified, on the law, to the extent of granting plaintiff summary judgment on the issue of liability against Gyamfi without exception, and otherwise affirmed, without costs.

Before: Andrias, J.P., Friedman, Marlow, Nardelli and Williams, JJ.


The IAS court erred in not granting plaintiff's motion without exception, since the evidence submitted by both parties demonstrated that Gyamfi was negligent as a matter of law in backing up the vehicle into plaintiff pedestrian without taking adequate precautions (Vehicle and Traffic Law § 1211 [a]). Defendants' assertion that an issue of fact was raised as to plaintiff's comparative negligence is speculative and unsupported by the record.


Summaries of

Plaut v. Allright Parking Management, Inc.

Appellate Division of the Supreme Court of New York, First Department
May 31, 2005
18 A.D.3d 396 (N.Y. App. Div. 2005)

holding that the court erred in not granting the plaintiff's motion for summary judgment on the issue of liability where the defendants' assertion that the plaintiff was comparatively negligent was "speculative and unsupported by the record"

Summary of this case from Brill v. Queens Lumber Co.

holding that the plaintiff's motion for partial summary judgment on the issue of liability should have been granted where evidence demonstrated that the defendant-driver was negligent in backing up the vehicle into the plaintiff-pedestrian without taking adequate precautions

Summary of this case from Brill v. Queens Lumber Co.
Case details for

Plaut v. Allright Parking Management, Inc.

Case Details

Full title:LAUREN PLAUT, Appellant-Respondent, v. ALLRIGHT PARKING MANAGEMENT, INC.…

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

Date published: May 31, 2005

Citations

18 A.D.3d 396 (N.Y. App. Div. 2005)
795 N.Y.S.2d 576

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