Tran v. Nowak
Cases that cite this one
7 later published cases cite this decision.
- Gadon v. Oliva (Appellate Division of the Supreme Court of New York 2002)
- Schager v. Lino Bordi, Inc. (Appellate Division of the Supreme Court of New York 2003)
- Cardot v. Genova (Appellate Division of the Supreme Court of New York 2001)
- Barile v. Carroll (Appellate Division of the Supreme Court of New York 2001)
- Whitfield v. Toense (Appellate Division of the Supreme Court of New York 2000)
- Cardy v. Garretson (Appellate Division of the Supreme Court of New York 2000)
- Haughey v. Noone (Appellate Division of the Supreme Court of New York 1999)
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
—Order unanimously reversed on the law without costs, motion granted, and complaint and cross claims against defendants Min Xu and Genchuan Xu dismissed. Memorandum: These actions stem from a motor vehicle accident on June 7, 1995 in the Town of Cheektowaga. At the time of the accident, defendant Min Xu was operating an automobile owned by her father, defendant Genchuan Xu. It is uncontroverted that Min Xu was driving at a legal rate of speed in the proper lane of travel when an automobile operated by defendant Shelly L. Nowak approached from the opposite direction, crossed a double yellow line and struck Min Xu’s automobile, causing the death of Anne Oanh Tran, a passenger in Min Xu’s automobile. Nowak was convicted of crossing a solid yellow line of traffic in violation of Vehicle and Traffic Law § 1126 (a). The representatives of Tran’s estate commenced this action against Min Xu, Genchuan Xu, Nowak and other defendants.
Supreme Court erred in denying the motion of Min Xu and Genchuan Xu (defendants) for summary judgment dismissing the complaint and cross claims against them. Once defendants established that the head-on collision was caused by Nowak’s
Case-law data current through December 31, 2025. Source: CourtListener bulk data.