Appellate Division of the Supreme Court of New York, 1997

Calandra v. Dishotsky

Appellate Division of the Supreme Court of New York · Decided November 10, 1997

244 A.D.2d 376; 664 N.Y.S.2d 95; 1997 N.Y. App. Div. LEXIS 11284

Cases that cite this one

7 later published cases cite this decision.

Firayner v. Castro (Appellate Division of the Supreme Court of New York 2016)
Espinoza v. Coco-Cola Bottling Co. of New York, Inc. (Appellate Division of the Supreme Court of New York 2014)
Flores v. City of New York (Appellate Division of the Supreme Court of New York 2009)
Summers v. Teddy Cab Corp. (Appellate Division of the Supreme Court of New York 2008)
Neryaev v. Solon (Appellate Division of the Supreme Court of New York 2004)
Jacino v. Sugerman (Appellate Division of the Supreme Court of New York 2004)
DeBlasi v. City of New York (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for personal injuries, the defendant Robert Dishotsky appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated December 20, 1996, as granted that branch of the plaintiff’s cross motion which was for partial summary judgment on the issue of liability as against him.

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

The plaintiff made a prima facie showing of negligence on the part of the appellant, Robert Dishotsky, based on Dishotsky’s deposition testimony that the motor vehicle accident at issue occurred when he pulled out of a parking spot *377and into a lane of moving traffic (see, Vehicle and Traffic Law § 1128 [a]). Since the appellant failed to present evidence sufficient to create a triable issue of fact as to his liability, the Supreme Court properly granted that branch of the plaintiffs cross motion which was for partial summary judgment as against him. Rosenblatt, J. P., O’Brien, Thompson, Friedmann and Goldstein, JJ., concur.

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