From Casetext: Smarter Legal Research

Fassbender v. Conrey

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 2000
273 A.D.2d 22 (N.Y. App. Div. 2000)

Opinion

June 6, 2000.

Order, Supreme Court, Bronx County (Janice Bowman, J.), entered January 26, 1999, which denied defendant Fassbender's motion for summary judgment in action number two dismissing all claims and cross-claims asserted against her, unanimously reversed, on the law, without costs, the motion granted, and all claims and cross claims dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint and all claims and cross claims as against her.

Jonathan T. Uejio, for defendants-respondents.

Before: Rosenberger, J.P., Mazzarelli, Ellerin, Rubin, Friedman, JJ.


It is uncontroverted that defendant Fassbender was struck from behind by a vehicle driven by Kenneth W. Conrey. The accident occurred when Fassbender stopped at a yield sign so as to permit a police vehicle to pass. Fassbender's conduct in stopping was in all respects proper (see, Mascitti v. Greene, 250 A.D.2d 821; DiPaola v. Brenner, 239 A.D.2d 459). Fassbender has thus demonstrated that she was free of negligence as a matter of law and summary judgment in her favor should have been granted.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Fassbender v. Conrey

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 2000
273 A.D.2d 22 (N.Y. App. Div. 2000)
Case details for

Fassbender v. Conrey

Case Details

Full title:PEGGY FASSBENDER, PLAINTIFF, v. KENNETH W. CONREY, ET AL., DEFENDANTS. JO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 6, 2000

Citations

273 A.D.2d 22 (N.Y. App. Div. 2000)
708 N.Y.S.2d 396

Citing Cases

Gavrilova v. Stark

The Supreme Court granted the motions. Contrary to Stark's contention, the Supreme Court properly granted…