Wilson v. Rosedom
Cases that cite this one
38 later published cases cite this decision. The 25 that cite it most often are listed here.
- Paris v. Ferri (Appellate Division of the Supreme Court of New York 2014)
- Matamoro v. City of New York (Appellate Division of the Supreme Court of New York 2012)
- Allen v. Echols (Appellate Division of the Supreme Court of New York 2011)
- Solis v. City of New York (New York Supreme Court, New York County 2024)
- Batten v. City of New York (New York Supreme Court, New York County 2024)
- Fayod v. 24 Second Ave. Corp. (New York Supreme Court, New York County 2024)
- Martinez v. Martinez (New York Supreme Court, New York County 2024)
- Piazza v. Cline (Appellate Division of the Supreme Court of New York 2018)
- Twizer v. Lavi (Appellate Division of the Supreme Court of New York 2016)
- Taylor v. Brat Auto Sales, Ltd. (Appellate Division of the Supreme Court of New York 2016)
- Robles v. Polytemp, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Frey v. Richmond Hill Lumber & Supply (Appellate Division of the Supreme Court of New York 2015)
- Stanford v. Smart Pick, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Caruso v. Gnatjuks (Appellate Division of the Supreme Court of New York 2014)
- Cattan v. Sutton (Appellate Division of the Supreme Court of New York 2014)
- Jimenez v. Batista (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)
- Sperling v. Akesson (Appellate Division of the Supreme Court of New York 2013)
- Sperling v. Akesson (Appellate Division of the Supreme Court of New York 2013)
- Miller v. Suffolk County Police Department (Appellate Division of the Supreme Court of New York 2013)
- Miller v. Suffolk County Police Department (Appellate Division of the Supreme Court of New York 2013)
- Regans v. Baratta (Appellate Division of the Supreme Court of New York 2013)
- Regans v. Baratta (Appellate Division of the Supreme Court of New York 2013)
- Lu Yuan Yang v. Howsal Cab Corp. (Appellate Division of the Supreme Court of New York 2013)
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
A driver who has the right-of-way is entitled to anticipate that the other driver will obey traffic laws which require him or her to yield (see Vehicle and Traffic Law § 1141; Kann v Maggies Paratransit Corp., 63 AD3d 792, 793 [2009]; Moreno v Gomez, 58 AD3d 611, 612 [2009]; Palomo v Pozzi, 57 AD3d 498, 498 [2008]; Gabler v Marly Bldg. Supply Corp., 27 AD3d 519, 520 [2006]; Moreback v Mesquita, 17 AD3d 420, 421 [2005]). Moreover, a driver is negligent if he or she failed to see that which, through the proper use of senses, should have been seen (see Laino v Lucchese, 35 AD3d 672, 672 [2006]; Berner v Koegel, 31 AD3d 591, 592 [2006]; Bongiovi v Hoffman, 18 AD3d 686, 687 [2005]; Bolta v Lohan, 242 AD2d 356 [1997]). At the same time, a driver who has the right-of-way has a duty to exercise reasonable care to avoid a collision with another vehicle already in the intersection (see Cox v Nunez, 23 AD3d 427, 427 [2005]). “There can be more than one proximate cause of an accident” (id.), and the issue of comparative negligence is generally a question for the jury to decide (see Sokolovsky v Mucip, Inc., 32 AD3d 1011 [2006]; see Rios v Johnson V.B.C., 17 AD3d 654, 656 [2005]).
Here, the plaintiff established his prima facie entitlement to judgment as a matter of law. However, in opposition, the affidavit of the defendant Keith Rosedom raised triable issues of fact, including, but not limited to, which vehicle lawfully entered the intersection first.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.