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ROSS v. SZOKE

196 Misc.2d 588 (2003)

763 N.Y.S.2d 389

RHONDA S. ROSS et al., Respondents, v. RICHARD P. SZOKE et al., Respondents, and ANTHONY AMODEO et al., Appellants.

Supreme Court, Appellate Term, Second Department.

June 5, 2003.

Attorney(s) appearing for the Case

Caulfield Law Office, New York City, and Carol R. Finocchio, New York City (Lisa M. Comeau of counsel), for appellants.

Bruce S. Reznick, P.C., Brooklyn, and Thomas Torto and Mary Ellen O'Brien, New York City, for Rhonda S. Ross and another, respondents.

Kay & Gray, Westbury, and Theresa P. Mariano, Westbury, for Jerry P. Cortese, respondent.

PESCE, P.J., ARONIN and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that plaintiffs' cross motion for summary judgment as against defendants Amodeo on the issue of liability is denied; as so modified, affirmed without costs.

The motion by defendant Cortese for summary judgment was properly granted. Cortese was stopped at the intersection and waiting to turn when he was hit from behind. A driver in this situation has no legal duty to anticipate...

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