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Stiles v. County of Dutchess

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 304 (N.Y. App. Div. 2000)

Opinion

Argued November 15, 2000.

December 12, 2000.

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Marlow, J.), dated April 11, 2000, which granted the defendants' motion for summary judgment dismissing the complaint.

Jacqueline E. McBride, Montgomery, N.Y. (Mary Jo Whateley of counsel), for appellants.

McCabe Mack, LLP, Poughkeepsie, N.Y. (Gerianne Hannibal of counsel), for respondents.

Before: DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment. The defendants demonstrated their entitlement to judgment as a matter of law by establishing that the plaintiff Howard Stiles violated Vehicle and Traffic Law § 1141 Veh. Traf. when he made a left turn directly into the path of their vehicle. Stiles was negligent in failing to see that which, under the circumstances, he should have seen, and in crossing in front of the defendants' vehicle when it was hazardous to do so (see, Pryor v. Reichert, 265 A.D.2d 470; Canceleno v. Johnston, 264 A.D.2d 405; Smalley v. McCarthy, 254 A.D.2d 478; Feder v. Greco, 240 A.D.2d 364). The operator of the defendants' vehicle, who had the right-of-way, was entitled to anticipate that Stiles would obey the traffic laws which required him to yield (see, Cenovski v. Lee, 266 A.D.2d 424; Namisnak v. Martin, 244 A.D.2d 258, 260). The record does not support the plaintiffs' contention that there are issues of fact as to whether the operator of the defendants' vehicle was negligent in the operation of his vehicle (see, Cenovski v. Lee, supra).


Summaries of

Stiles v. County of Dutchess

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 304 (N.Y. App. Div. 2000)
Case details for

Stiles v. County of Dutchess

Case Details

Full title:HOWARD STILES, APPELLANTS, v. COUNTY OF DUTCHESS, ET AL., RESPONDENTS

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

Date published: Dec 12, 2000

Citations

278 A.D.2d 304 (N.Y. App. Div. 2000)
717 N.Y.S.2d 325

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