Hill v. Luna
| Decision Date | 16 July 1993 |
| Parties | Elizabeth HILL and Duane M. Hill, Appellants, v. Carmen W. LUNA, et al., Defendants, James Cronshaw and Betty M. Cronshaw, Respondents. |
| Court | New York Supreme Court — Appellate Division |
Jackson, Wilson & Douglas by Jon Louis Wilson, Lockport, for appellants.
Carl R. Ellis by Laurie Ogden, Buffalo, for respondents.
Before GREEN, J.P., and PINE, LAWTON, BOOMER and BOEHM, JJ.
Supreme Court properly granted the motion of defendants Cronshaw for summary judgment dismissing plaintiffs' complaint. Plaintiff Elizabeth Hill was injured while a passenger in an automobile driven by defendant Betty M. Cronshaw. Another motorist ran a red light and collided with the Cronshaw vehicle, which was proceeding through a green light at a speed of approximately 15 to 20 miles per hour. The Cronshaws established through the deposition testimony of Betty Cronshaw and Elizabeth Hill that the former "did all that a reasonable person would be expected to do under the circumstances" by proceeding with caution (Mansfield v. Graff, 47 A.D.2d 581, 582, 363 N.Y.S.2d 172; see also, Safran v. Amato, 155 A.D.2d 653, 654, 548 N.Y.S.2d 244). In response, plaintiffs failed to raise a triable issue of fact (see generally, Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 416 N.Y.S.2d 790, 390 N.E.2d 298).
Order unanimously affirmed without costs.
To continue reading
Request your trial
-
Ferrara v. Maio
...of the plaintiff's decedent's culpable conduct, if any (cf., Salenius v. Lisbon, 217 A.D.2d 692, 630 N.Y.S.2d 531; Hill v. Luna, 195 A.D.2d 1000, 600 N.Y.S.2d 563). ...
-
Freeman v. Prince Leasing Corp., 2007 NY Slip Op 30984(U) (N.Y. Sup. Ct. 4/16/2007)
...(2nd Dept. 1999); Wilke V. Price, 221 A.D.2d 846 (3rd Dept. 1995); Cassidy v. Valenti, 211 A.D.2d 876 (3rd Dept. 1995); Hill v, Luna, 195 A.D.2d 1000 (4th Dept.1993). See Alvaraz v Prospect Hospital, supra; Zuckerman v City of New York, supra. They have submitted only the affirmation of the......
-
Bolta v. Lohan
...of law (see, Salenius v. Lisbon, 217 A.D.2d 692, 630 N.Y.S.2d 531; Cassidy v. Valenti, 211 A.D.2d 876, 621 N.Y.S.2d 405; Hill v. Luna, 195 A.D.2d 1000, 600 N.Y.S.2d 563). Indeed, under such circumstances it is settled that a driver is negligent where an accident occurs because she has faile......
-
Diasparra v. Smith
...prima facie case that he was solely liable for the accident (see, Salenius v. Lisbon, 217 A.D.2d 692, 630 N.Y.S.2d 531; Hill v. Luna, 195 A.D.2d 1000, 600 N.Y.S.2d 563). In opposition to the motion, the respondents failed to raise a triable issue of fact as to whether the defendant Teresa A......