From Casetext: Smarter Legal Research

Spells v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 888 (N.Y. App. Div. 1993)

Opinion

October 1, 1993

Appeal from the Supreme Court, Oneida County, Shaheen, J.

Present — Green, J.P., Pine, Fallon, Doerr and Davis, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff's motion for summary judgment on the issue of liability. It is undisputed that defendant Walter J. Lewis turned left into plaintiff's vehicle as it approached from the opposite direction. The proof establishes that "defendant was negligent in either failing to see that which under the facts or circumstances he should have seen, or in trying to cross in front of the plaintiff when it was hazardous to do so" (Hernandez v. Joseph, 143 A.D.2d 632; see also, Burns v. Mastroianni, 173 A.D.2d 754; Lester v Jolicofur, 120 A.D.2d 574; Kiernan v. Edwards, 97 A.D.2d 750, appeal dismissed 62 N.Y.2d 617). No evidence in the record indicates any negligence on the part of plaintiff that contributed to the accident (see, Burns v. Mastroianni, supra; cf., Stoehr v. Levere, 183 A.D.2d 886).


Summaries of

Spells v. Lewis

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1993
197 A.D.2d 888 (N.Y. App. Div. 1993)
Case details for

Spells v. Lewis

Case Details

Full title:MARY L. SPELLS, Respondent, v. WALTER J. LEWIS et al., Appellants

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

Date published: Oct 1, 1993

Citations

197 A.D.2d 888 (N.Y. App. Div. 1993)
604 N.Y.S.2d 855

Citing Cases

Smalley v. McCarthy

Ms. McCarthy testified that she did not see the plaintiff's car approaching the intersection from the…

Green v. Mower

is lacking" (Weise v. Lazore, 99 A.D.2d 919, 920, lv denied 62 N.Y.2d 606). Plaintiff's decedent was…