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Galante v. BMW Financial Services North America, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1996
223 A.D.2d 421 (N.Y. App. Div. 1996)

Opinion

January 18, 1996


Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).

In response to plaintiffs' prima facie showing that defendants were liable as the result of a rear-end automobile collision which occurred after both vehicles had first stopped at a stop sign at a parkway entrance ramp and then proceeded several feet ( see, Abramowicz v Roberto, 220 A.D.2d 374), defendants failed to provide an adequate nonnegligent explanation of their conduct. Defendant driver's failure to anticipate and react to the slow and cautious movement of plaintiff's vehicle, which rendered defendant unable to move his vehicle into the parkway lane as planned, precludes application of the emergency doctrine ( see, Mead v Marino, 205 A.D.2d 669; cf., Cohen v Masten, 203 A.D.2d 774, lv denied 84 N.Y.2d 809; DeCosmo v Hulse, 204 A.D.2d 953; Suitor v Boivin, 219 A.D.2d 799).

We have considered defendants' other arguments and find them to be without merit.

Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.


Summaries of

Galante v. BMW Financial Services North America, Inc.

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1996
223 A.D.2d 421 (N.Y. App. Div. 1996)
Case details for

Galante v. BMW Financial Services North America, Inc.

Case Details

Full title:NICHOLAS GALANTE et al., Respondents, v. BMW FINANCIAL SERVICES NORTH…

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

Date published: Jan 18, 1996

Citations

223 A.D.2d 421 (N.Y. App. Div. 1996)
636 N.Y.S.2d 58

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