From Casetext: Smarter Legal Research

Gonzalez v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2000
277 A.D.2d 421 (N.Y. App. Div. 2000)

Opinion

Submitted November 1, 2000.

November 28, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), dated September 29, 1999, which granted the motion of the defendant City of Yonkers for summary judgment dismissing the complaint insofar as asserted against it.

Godosky Gentile, P.C., New York, N.Y. (Richard Godosky, Robert E. Godosky, and Brian J. Isaac of counsel), for appellant.

Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Even if the left-turn traffic signal at the intersection at issue was not operational at the time of the accident, the status of the signal was not a proximate cause of the accident (see, Rubinfeld v. City of New York, 263 A.D.2d 448). Therefore, the Supreme Court properly granted the respondent's motion for summary judgment dismissing the complaint insofar as asserted against it.


Summaries of

Gonzalez v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2000
277 A.D.2d 421 (N.Y. App. Div. 2000)
Case details for

Gonzalez v. City of Yonkers

Case Details

Full title:MYRIAN GONZALEZ, APPELLANT, v. CITY OF YONKERS, RESPONDENT, ET AL.…

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

Date published: Nov 28, 2000

Citations

277 A.D.2d 421 (N.Y. App. Div. 2000)
716 N.Y.S.2d 893

Citing Cases

Regan v. City of N.Y.

fendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the…

Regan v. City of N.Y.

The defendant moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion.…