CHOWANIEC v. MORGAN


262 A.D.2d 1001 (1999)

691 N.Y.S.2d 815

EDNA CHOWANIEC, Respondent, v. LYLE N. MORGAN, Appellant and Third-Party Plaintiff-Appellant. STANISLAUS CHOWANIEC, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided June 18, 1999.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied that part of defendant's motion for summary judgment dismissing the complaint. The testimony of defendant that he did nothing with respect to the operation of his vehicle when he first observed the oncoming third-party defendant's vehicle making a left turn in front of him raises an issue of fact whether defendant exercised reasonable care to avoid a collision (cf., Wasserman...

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