Appellate Division of the Supreme Court of New York, 2000

Montero v. Muller

Appellate Division of the Supreme Court of New York · Decided February 28, 2000

269 A.D.2d 576; 704 N.Y.S.2d 507; 2000 N.Y. App. Div. LEXIS 2136

Cases that cite this one

2 later published cases cite this decision.

Arrowitz v. Arrowitz (Appellate Division of the Supreme Court of New York 2001)
Alami v. Volkswagen of America, Inc. (Appellate Division of the Supreme Court of New York 2000)

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 *577for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Franco, J.), dated July 27, 1999, which denied her motion for partial summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Nassau County, for an assessment of damages.

Under the circumstances of this case, where, inter alia, it is undisputed that the defendant Donald Muller was intoxicated at the time that the motor vehicle he was operating crossed over to the wrong side of the road and struck the plaintiff, there exist no triable issues of fact (see, CPLR 3212 [b]) as to whether that defendant’s negligence was the sole proximate cause of the accident. Ritter, J. P., Sullivan, S. Miller, Luciano and H. Miller, JJ., concur.

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