KLEE v. AMERICAS BEST BOTTLING CO INC (2009)

Supreme Court, Appellate Division, Second Department, New York.

Lewis KLEE, respondent, v. AMERICAS BEST BOTTLING CO., INC., et al., appellants.

Decided: March 24, 2009

PETER B. SKELOS, J.P., FRED T. SANTUCCI, DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, and CHERYL E. CHAMBERS, JJ.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York, N.Y. (Richard E. Lerner, Gregory S. Katz, and Trevor J. Barr of counsel), for appellants. Thomas D. Wilson, P.C., Brooklyn, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated March 27, 2008, which granted the plaintiff's motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed, without costs or disbursements.

The plaintiff pedestrian was crossing the street in a crosswalk with the traffic signal in his favor when, as he was about three-quarters of the away across the street, he was struck on his left side by the defendants' vehicle as it was making a left turn. The evidence submitted by the plaintiff established, as a matter of law, that the defendant driver violated Vehicle and Traffic Law § 1112(a) and that the plaintiff was free from comparative negligence (cf. Cator v. Filipe, 47 A.D.3d 664, 850 N.Y.S.2d 510). In opposition, the defendants failed to raise a triable issue of fact. Accordingly, the plaintiff's motion for summary judgment on the issue of liability was properly granted.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network