You are here: / / DEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S...

DEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S BICYCLE ACCIDENT, NOT A PROXIMATE CAUSE.

The Second Department, reversing Supreme Court, determined summary judgment should have been granted to defendant Brady in this bicycle-car collision case. Brady was parked parallel to Dunbar waiting for Dunbar to pull out of a parking space. Plaintiff rode her bicycle between the two cars and struck the door of the Dunbar car when Dunbar opened it to speak to Brady. Brady’s car was deemed not to be a proximate cause of the accident, rather the position of Brady’s car merely furnished the condition for the accident. Dunbar’s motion for summary judgment, however was properly denied:

The Supreme Court should have granted Brady’s motion for summary judgment dismissing the second supplemental complaint insofar as asserted against him. Although the issue of proximate cause is generally one for the jury … , “liability may not be imposed upon a party who merely furnished the condition or occasion for the occurrence of the event’ but was not one of its causes” … . Here, in support of his motion, Brady demonstrated his prima facie entitlement to judgment as a matter of law by presenting evidence that his conduct in stopping his car while waiting for a parking space merely furnished the condition or occasion for the accident, and was not a proximate cause of the plaintiff’s injuries … .

… Dunbar failed to eliminate all triable issues of fact as to whether Dunbar was negligent in opening the door when it was not reasonably safe to do so, and in allegedly failing to see what, by the reasonable use of his senses, he should have seen … . Price v Tasber, 2016 NY Slip Op 08385, 2nd Dept 12-14-16

 

NEGLIGENCE (DEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S BICYCLE ACCIDENT, NOT A PROXIMATE CAUSE)/PROXIMATE CAUSEEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S BICYCLE ACCIDENT, NOT A PROXIMATE CAUSE)/ BICYCLES (DEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S BICYCLE ACCIDENT, NOT A PROXIMATE CAUSE)/CONDITION FOR ACCIDENT (DEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S BICYCLE ACCIDENT, NOT A PROXIMATE CAUSE)

You might also like
Signed Consent Form Precluded Cause of Action for Assault and Battery (Re: a Hysterectomy)—Defendant Demonstrated the Allegation Plaintiff Did Not Consent to the Hysterectomy Was “Not a Fact At All”–Question of Fact Raised Re: the “Lack of Informed Consent” Cause of Action
FACT THAT PLAINTIFF, A PASSENGER IN THE LEAD VEHICLE, WAS NOT AT FAULT IN THE REAR-END COLLISION DOES NOT LEAD TO THE AUTOMATIC CONCLUSION THE DRIVER OF THE REAR VEHICLE WAS AT FAULT; HERE THE DRIVER OF THE REAR VEHICLE RAISED A QUESTION OF FACT WHETHER THE ACCIDENT WAS CAUSED BY OIL ON THE ROADWAY; SUMMARY JUDGMENT FINDING THE REAR DRIVER AT FAULT SHOULD NOT HAVE BEEN GRANTED.
County Water Authority Had Standing to Bring Action Based Upon the Chemical Contamination of Its Wells—CPLR 214-c Governs Actions Based Upon Contamination—Action Was Untimely
ALTHOUGH THE LACK OF STANDING DEFENSE TO A FORECLOSURE ACTION IS WAIVED IF NOT ASSERTED IN THE ANSWER OR A PRE-ANSWER MOTION TO DISMISS, IT MAY BE ADDED TO AN ANSWER AMENDED BY LEAVE OF COURT (SECOND DEPT).
THE PETITION TO STAY ARBITRATION PENDING A FRAMED ISSUE HEARING SHOULD HAVE BEEN GRANTED IN THIS UNINSURED MOTORIST TRAFFIC ACCIDENT CASE; PROCEDURAL CRITERIA EXPLAINED (SECOND DEPT).
EVEN THOUGH FATHER REFUSED TO COOPERATE WITH AN INVESTIGATION RELATED TO HIS PETITION FOR CUSTODY, THE JUDGE SHOULD NOT HAVE AWARDED CUSTODY TO MOTHER WITHOUT FIRST HOLDING A HEARING (SECOND DEPT).
FAMILY COURT SHOULD NOT HAVE DENIED FATHER VISITATION BASED UPON FATHER’S BEHAVIOR WHEN MOTHER TESTIFIED; FUTURE VISITATION SHOULD NOT HAVE BEEN CONDITIONED UPON DRUG SCREENINGS AND A MENTAL HEALTH EVALUATION.
Question of Fact About Whether Emergency Doctrine Excused Police Officer’s Causing a Collision

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

WHEEL STOP OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS. DESPITE THE CITY CODE PROVISION CREATING A NONDELEGABLE DUTY ON THE OWNER’S...