Velten v. Kirkbride

CourtNew York Supreme Court Appellate Division
Citation20 A.D.2d 546,245 N.Y.S.2d 428
Decision Date02 December 1963
PartiesGeorge VELTEN, Respondent, v. Richard KIRKBRIDE, Appellant.

Page 428

245 N.Y.S.2d 428
20 A.D.2d 546
George VELTEN, Respondent,
v.
Richard KIRKBRIDE, Appellant.
Supreme Court, Appellate Division, Second Department.
Dec. 2, 1963.

Curtis, Hart & Munro, Merrick, for appellant; Francis E. Zaklukiewicz, Merrick, of counsel.

English & Cianciulli, Mineola, for respondent; Edwyn Silberling, Mineola, of counsel.

Before CHRIST, Acting P. J., BRENNAN, HILL, RABIN and HOPKINS, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for personal injury sustained by the plaintiff as a consequence of the defendant's operation of his motor vehicle [20 A.D.2d 547] and its collision with the rear of plaintiff's automobile, defendant appeals from an order of the Supreme Court, Nassau County, dated May 17, 1963, which granted plaintiff's motion for summary judgment striking out the answer and directing an assessment of damages.

Order reversed, with $10 costs and disbursements; and motion denied.

In our opinion the questions: (1) whether the defendant was negligent when he attempted to move into another lane and when, upon his inability to do so, he failed to bring his vehicle to a stop before it collided with plaintiff's vehicle; and (2) whether the defendant skidded; and (3) what caused the skidding, are among the issues of fact which should be resolved after a trial (Norman v. Druzbick, 11 A.D.2d 1039, 206 N.Y.S.2d 256).

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7 practice notes
  • Andre v. Pomeroy
    • United States
    • New York Court of Appeals
    • November 21, 1974
    ...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. Masullo, 13 A.D.2d 674, 213 N.Y.S.2d 548; Kind v. Bar......
  • Ortiz v. Rosner, No. 91 Civ. 3099 (PKL).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 11, 1993
    ...otherwise be prudent in order to avoid losing speed before merging into traffic in the neighboring lane. See, e.g., Velten v. Kirkbride, 20 A.D.2d 546, 547, 245 N.Y.S.2d 428, 428 (2d Dep't 1963) (the question of "whether the defendant was negligent when he attempted to move into another lan......
  • Ross v. Nelson
    • United States
    • United States State Supreme Court (New York)
    • February 14, 1973
    ...statutory height)). The Second Department has not hesitated to deny summary judgment in rear end collision cases (Velten v. Kirkbride, 20 A.D.2d 546, 245 N.Y.S.2d 428; Schneiderman v. Metzger, 30 A.D.2d 829, 292 N.Y.S.2d 570) except where the defendant looks away (Opalek v. Oshrain, supra),......
  • Opalek v. Oshrain
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 1969
    ...collision cases we have not hesitated to deny summary judgment to a plaintiff where genuine issues are raised (see Velten v. Kirkbride, 20 A.D.2d 546, 245 N.Y.S.2d 428), but we will not strain to find feigned issues of fact where they are not genuinely present (see Donlon v. Pugliese, 27 A.......
  • Request a trial to view additional results
7 cases
  • Andre v. Pomeroy
    • United States
    • New York Court of Appeals
    • November 21, 1974
    ...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. Masullo, 13 A.D.2d 674, 213 N.Y.S.2d 548; Kind v. Bar......
  • Ortiz v. Rosner, No. 91 Civ. 3099 (PKL).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 11, 1993
    ...otherwise be prudent in order to avoid losing speed before merging into traffic in the neighboring lane. See, e.g., Velten v. Kirkbride, 20 A.D.2d 546, 547, 245 N.Y.S.2d 428, 428 (2d Dep't 1963) (the question of "whether the defendant was negligent when he attempted to move into another lan......
  • Ross v. Nelson
    • United States
    • United States State Supreme Court (New York)
    • February 14, 1973
    ...statutory height)). The Second Department has not hesitated to deny summary judgment in rear end collision cases (Velten v. Kirkbride, 20 A.D.2d 546, 245 N.Y.S.2d 428; Schneiderman v. Metzger, 30 A.D.2d 829, 292 N.Y.S.2d 570) except where the defendant looks away (Opalek v. Oshrain, supra),......
  • Opalek v. Oshrain
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 1969
    ...collision cases we have not hesitated to deny summary judgment to a plaintiff where genuine issues are raised (see Velten v. Kirkbride, 20 A.D.2d 546, 245 N.Y.S.2d 428), but we will not strain to find feigned issues of fact where they are not genuinely present (see Donlon v. Pugliese, 27 A.......
  • Request a trial to view additional results

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