Gardella v. Esposito Foods, Inc.
Cases that cite this one
12 later published cases cite this decision.
- Desio v. Cerebral Palsy Transport, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Cicalese v. Burier (Appellate Division of the Supreme Court of New York 2014)
- Adobea v. Junel (Appellate Division of the Supreme Court of New York 2014)
- Adobea v. Junel (Appellate Division of the Supreme Court of New York 2014)
- Shui-Kwan Lui v. Serrone (Appellate Division of the Supreme Court of New York 2013)
- Shui-Kwan Lui v. Serrone (Appellate Division of the Supreme Court of New York 2013)
- Gause v. Martinez (Appellate Division of the Supreme Court of New York 2012)
- Hernandez v. Tepan (Appellate Division of the Supreme Court of New York 2012)
- Winner v. Star Cruiser Transportation, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Colpan v. Allied Central Ambulette, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Colpan v. Allied Central Ambulette, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Boodlall v. Herrera (Appellate Division of the Supreme Court of New York 2011)
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 plaintiff appeals from an order of the Supreme Court, Kings County (Starkey, J.), dated December 21, 2009, which denied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff failed to establish his prima facie entitlement to judgment as a matter of law on the issue of liability (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). “There can be more than one proximate cause of an accident” (Cox v Nunez, 23 AD3d 427, 427 [2005]; see Topalis v Zwolski, 76 AD3d 524 [2010]; Todd v Godek, 71 AD3d 872, 872 [2010]). Under the circumstances here, even if the defendant driver violated Vehicle and Traffic Law §§ 1143 and 1211 (a), the bare affidavit of the plaintiff did not establish, as a matter of law, the plaintiff’s freedom from comparative negligence (see generally Cali v Mustafa, 68 AD3d 700, 701 [2009]; cf. Sanabria v Paduch, 61 AD3d 839 [2009]).
Accordingly, the Supreme Court correctly denied the plaintiffs motion for summary judgment on the issue of liability. Dickerson, J.P., Leventhal, Hall and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.