BENDER v. GROSS


33 A.D.3d 417 (2006)

822 N.Y.S.2d 275

ELLEN BENDER, Respondent, v. ALLAN GROSS et al., Appellants.

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

Decided October 12, 2006.


Plaintiff sustained serious personal injuries when the motorcycle she was operating crossed over a double yellow line into the lane of oncoming traffic and struck the vehicle driven by defendant Allan Gross (the driver). Plaintiff commenced this action against defendants, alleging that the driver failed to take reasonable evasive action to avoid the accident. Supreme Court denied defendants' motion for summary judgment dismissing the complaint, finding a triable issue of...

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