Willis v. Fink
Cases that cite this one
5 later published cases cite this decision.
- Rosenberg v. Kotsek (Appellate Division of the Supreme Court of New York 2007)
- Odumbo v. Perera (Appellate Division of the Supreme Court of New York 2006)
- Lubitz v. Village of Scarsdale (Appellate Division of the Supreme Court of New York 2006)
- Bongiovi v. Hoffman (Appellate Division of the Supreme Court of New York 2005)
- Nolan v. Mizrahi (Appellate Division of the Supreme Court of New York 2004)
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, inter alia, to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Grays, J.), dated June 13,-2003, which granted the plaintiffs’ motion for summary judgment on the issue of liability.
The plaintiffs established their entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant, who either failed to stop at a stop sign or, upon stopping, failed to yield the right of way to the plaintiffs’ vehicle, was the sole proximate cause of the accident (see Vehicle and Traffic Law § 1142; Szczotka v Adler, 291 AD2d 444 [2002]; McClelland v Seery, 261 AD2d 451 [1999]; Gravina v Wakschal, 255 AD2d 291 [1998]; Maxwell v Land-Saunders, 233 AD2d 303 [1996]). In opposition, the defendant failed to submit evidence sufficient to raise a triable issue of fact (see Lupowitz v Fogarty, 295 AD2d 576 [2002]; Bolta v Lohan, 242 AD2d 356 [1997]). Prudenti, P.J., Ritter, H. Miller and Adams, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.