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1
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OPINION
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EXTRACTED KEY WORDS
MEMORANDUM NEGLIGENCE JUDGE RESPONDENT REPORTS COSTS PLAINTIFF STRUCK INTERSECTION SUBMISSIONS COURT SUMMARY JUDGMENT CROSSING CONCESSION OBSERVE VEHICLE FACTUAL QUESTION REASONABLE CARE SATISFY ABSENCE REVIEW SUBMISSIONS PURSUANT CHIEF JUDGE KAYE JUDGES SIMONS TITONE HANCOCK BELLACOSA SMITH CONCUR JUDGE LEVINE |
MARNA THOMA, APPELLANT, v. SANDOR RONAI, RESPONDENT.
82 N.Y.2d 736, 621 N.E.2d 690, 602 N.Y.S.2d 323 (1993).
September 9, 1993
1 No. 277 SSM 31 (1993 NY Int. 171)
Decided September 9, 1993
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Sean E. Stanton, for Appellant.
Submitted by Alyne I. Diamond, for Respondent.
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs,
and the certified question answered in the affirmative.
Plaintiff commenced this negligence action to recover damages for
personal injuries suffered by her as a pedestrian when she was struck
by defendant's automobile in an intersection. Defendant interposes
comparative negligence.
The submissions to the nisi prius court on plaintiff's motion for
summary judgment, consisting of her affidavit and the police accident
report, demonstrate that she may have been negligent in failing to
look to her left while crossing the intersection. Plaintiff's
concession that she did not observe the vehicle that struck her raises
a factual question of her reasonable care. Accordingly, plaintiff did
not satisfy her burden of demonstrating the absence of any material
issue of fact and the lower courts correctly denied summary judgment.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed, with costs, and certified question answered in the
affirmative, in a memorandum. Chief Judge Kaye and Judges Simons,
Titone, Hancock, Bellacosa and Smith concur. Judge Levine took no
part.
SNIPPETS:
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