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Young v. Mauch

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 583 (N.Y. App. Div. 2000)

Opinion

Submitted November 10, 1999

January 31, 2000

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (J. Leone, J.), dated May 24, 1999, which denied their motion for summary judgment.

Bernard L. Broome, P.C., Kew Gardens, N.Y., for appellants.

Kay Gray, Woodbury, N.Y. (Theresa P. Lustria of counsel), for respondents.

LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

There are triable issues of fact which preclude the granting of summary judgment. Those issues include whether the operator of the vehicle owned by the defendant Michael Mauch was negligent in making a left turn despite the approach of the vehicle operated by the plaintiff Gary Young, whether Young was negligent in failing to use appropriate caution in the operation of his vehicle, and the allocation of fault, if any, on the part of each driver (see generally, Bogorad v. Fitzpatrick, 38 A.D.2d 923, affd 31 N.Y.2d 984 ; cf., Burns v. Mastroianni, 173 A.D.2d 754 ).

BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.


Summaries of

Young v. Mauch

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 583 (N.Y. App. Div. 2000)
Case details for

Young v. Mauch

Case Details

Full title:GARY YOUNG, et al., appellants, v. MICHAEL MAUCH, et al., respondents

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

Date published: Jan 31, 2000

Citations

268 A.D.2d 583 (N.Y. App. Div. 2000)
702 N.Y.S.2d 848

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