Ebanks v. Triboro Coach Corp.
Cases that cite this one
7 later published cases cite this decision.
- Woods v. Harris-Camden Terminal Equip. Inc. (Appellate Division of the Supreme Court of New York 2024)
- Naseer v. Dynasty Home Improvement (Appellate Division of the Supreme Court of New York 2014)
- Naseer v. Dynasty Home Improvement (Appellate Division of the Supreme Court of New York 2014)
- Rosario v. Vasquez (Appellate Division of the Supreme Court of New York 2012)
- Briceno v. Milbry (Appellate Division of the Supreme Court of New York 2005)
- Mikorski v. City of New York (Appellate Division of the Supreme Court of New York 2004)
- Rutledge v. Petrocelli Electrical Co. (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
Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about September 9, 2002, which denied plaintiffs motion for partial summary judgment as to liability, unanimously affirmed, without costs.
Although the vehicle owned by defendant Triboro Coach and operated by defendant Ruffino hit plaintiffs stationary vehicle from behind, summary judgment as to liability was properly denied since Ruffino adequately explained the collision as attributable to circumstances other than negligence on his part (cf. Mitchell v Gonzalez, 269 AD2d 250 [2000]). Ruffino’s testimony that he was driving approximately two bus lengths behind plaintiff and traveling slowly, i.e., 10 to 15 miles per hour, due to hazardous road conditions, but nonetheless skidded on snow and ice into plaintiffs vehicle as he attempted to stop, was sufficient to require a trial on the issue of defendants’ liability for negligence (see Noia v De Rosa, 78 AD2d 789 [1980], affd 54 NY2d 631 [1981]). Concur — Nardelli, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.