Bullard v. Graham

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore EAGER; PER CURIAM
Citation33 A.D.2d 550,304 N.Y.S.2d 492
Decision Date23 October 1969
PartiesHorace BULLARD, Plaintiff-Respondent, v. Edward GRAHAM and Jane Graham, Defendants-Appellants.

Page 492

304 N.Y.S.2d 492
33 A.D.2d 550
Horace BULLARD, Plaintiff-Respondent,
v.
Edward GRAHAM and Jane Graham, Defendants-Appellants.
Supreme Court, Appellate Division, First Department.
Oct. 23, 1969.

R. N. Corash, Staten Island, for plaintiff-respondent.

C. F. Brady, Baldwin, for defendants-appellants.

Before EAGER, J.P., and CAPOZZOLI, McGIVERN, NUNEZ and BASTOW, JJ.

PER CURIAM.

Order entered May 8, 1968, unanimously modified, on the law, to the extent of denying plaintiff's motion for summary judgment against defendants and, as so modified, affirmed without costs and without disbursements. The proof submitted by plaintiff discloses that the automobile owned by defendant husband was caused to move forward and strike the rear of plaintiff's vehicle by the act of the co-defendant in inadvertently hitting the accelerator with her foot. The proof is unclear, however, as to which defendant at the time was operating the vehicle. A triable issue is presented as to the negligence, if any, of defendants (cf. Feldman v. Lashine, 10 N.Y.2d 964, 224 N.Y.S.2d 282, 180 N.E.2d 62).

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1 practice notes
  • Andre v. Pomeroy
    • United States
    • United States Court of Appeals (New York)
    • November 21, 1974
    ...relief in rear-end collision Page 135 cases (see, e.g., Guigliano v. Basirico, 33 A.D.2d 1045, 308 N.Y.S.2d 815; Bullard v. Graham, 33 A.D.2d 550, 304 N.Y.S.2d 492; Velten v. Kirkbridge, 20 A.D.2d 546, 245 N.Y.S.2d 428; Colosino v. Rosenstock, 15 A.D.2d 663, 223 N.Y.S.2d 736; Poulter v. Mas......
1 cases
  • Andre v. Pomeroy
    • United States
    • United States Court of Appeals (New York)
    • November 21, 1974
    ...relief in rear-end collision Page 135 cases (see, e.g., Guigliano v. Basirico, 33 A.D.2d 1045, 308 N.Y.S.2d 815; Bullard v. Graham, 33 A.D.2d 550, 304 N.Y.S.2d 492; Velten v. Kirkbridge, 20 A.D.2d 546, 245 N.Y.S.2d 428; Colosino v. Rosenstock, 15 A.D.2d 663, 223 N.Y.S.2d 736; Poulter v. Mas......

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