Sylvester v. Velez
Cases that cite this one
6 later published cases cite this decision.
- Cabrera v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2019)
- Leach v. GVC II Inc. (Appellate Division of the Supreme Court of New York 2025)
- J.Z. v. Salerno (Appellate Division of the Supreme Court of New York 2021)
- J.Z. v. Salerno (Appellate Division of the Supreme Court of New York 2021)
- Uhteg v. Kendra (Appellate Division of the Supreme Court of New York 2021)
- Paulino v. Xing Wu Chen (Appellate Division of the Supreme Court of New York 2020)
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
Order, Supreme Court, New York County (Arlene R Bluth, J.), entered on or about December 22, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
Plaintiff pedestrian testified that he was struck by defendant’s vehicle while crossing the street within the crosswalk, but conceded that he did not have the right of way when he entered the street (see Santo-Perez v Enterprise Leasing Co., 126 AD3d 621 [1st Dept 2015]; Vehicle and Traffic Law § 1112; 34 RCNY 4-04 [b] [2]). Nevertheless, when viewing the evidence in the light most favorable to plaintiff, triable issues of fact exist as to the relative positions of plaintiff and defendant at the time of the accident, and whether defendant could have seen plaintiff before the accident and failed to exercise due care to avoid the accident (see Santo-Perez at 621; Moreira v Ramos, 95 AD3d 561 [1st Dept 2012]; Romeo v DeGennaro, 255 AD2d 208 [1st Dept 1998]; Vehicle and Traffic Law § 1146).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.