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Stoehr v. Levere

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1992
183 A.D.2d 886 (N.Y. App. Div. 1992)

Opinion

May 26, 1992

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Summary judgment will not be granted where a movant has not established a prima facie entitlement thereto (Carrini v Supermarkets Gen. Corp., 158 A.D.2d 303). Where questions of fact are evident, summary judgment is inappropriate (CPLR 3212 [b]; Museums at Stony Brook v. Village of Patchogue Fire Dept., 146 A.D.2d 572).

Here, the plaintiff alleges that his motorcycle collided with the defendant's automobile when the defendant made a U-turn across a double yellow line. To be determined at a trial are issues of fact concerning, inter alia, the respective speeds of both vehicles, whether the operators saw what was there to be seen, and whether the accident could have been avoided. Bracken, J.P., Sullivan, Eiber and Pizzuto, JJ., concur.


Summaries of

Stoehr v. Levere

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1992
183 A.D.2d 886 (N.Y. App. Div. 1992)
Case details for

Stoehr v. Levere

Case Details

Full title:BERNARD H. STOEHR, Appellant, v. HERBERT M. LEVERE, Respondent

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

Date published: May 26, 1992

Citations

183 A.D.2d 886 (N.Y. App. Div. 1992)
584 N.Y.S.2d 144

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