MORIN v. LEONETTE


22 A.D.3d 727 (2005)

802 N.Y.S.2d 381

ELIZABETH MORIN, Respondent, v. STEPHEN LEONETTE et al., Appellants. (And a Third-Party Action.)

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

October 24, 2005.


Ordered that the order is affirmed, with costs.

The defendants failed to establish their entitlement to judgment as a matter of law. The evidence submitted on their motion, which included the deposition testimony of the parties involved in the collision, did not establish that the third-party defendant, who was driving the plaintiff's car at the time of the collision, failed to yield the right-of-way to the defendant driver (see Vehicle and Traffic Law §...

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