SCOTT v. KASS


48 A.D.3d 785 (2008)

851 N.Y.S.2d 649

CHARLENE SCOTT, Plaintiff, v. BRYAN KASS, Respondent, and JUAN APONTE et al., Appellants.

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

Decided February 26, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellants' cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

The appellants established their prima facie entitlement to summary judgment by submitting evidence showing that the defendant Bryan Kass violated Vehicle and Traffic Law § 1126 (a) by crossing over a double yellow line into an opposing...

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