AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

CHARLES McCAULEY, PLAINTIFF-RESPONDENT, v. JOHN K. SIDOR, ET AL., APPELLANTS, CITY OF GLEN COVE, DEFENDANT, ORDER SONS OF ITALY IN AMERICA LODGE #1016, ET AL., DEFENDANTS-RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff demonstrated that the unexcused violations by the defendant John T. Sidor, s/h/a John K. Sidor and John T. Sidor, of Vehicle and Traffic Law §§ 1110(a) and 1146 rendered his conduct negligent per se (see, Martin v. Herzog, 228 N.Y. 164; Dalal v. City of New York, 262 A.D.2d 596). Therefore, the Supreme Court correctly granted the plaintiff's motion for summary judgment on the issue of liability as against Sidor (cf., Mereu v. Zuhi, 250 A.D.2d 578; Spivak v. Heyward, 248 A.D.2d 58).

Furthermore, the Supreme Court properly granted those branches of the respective cross motions of the defendants Nevins Amusements, Inc., and Harold Nevins, Jr., a/k/a Harold E. Nevins, a/k/a Harold Edgar Nevins, individually and as President of Nevins Amusements, Inc., and the defendant Order Sons of Italy in America Lodge #1016, which were for summary judgment dismissing the cross claims insofar as asserted by Sidor against them (see, Margolin v. Friedman, 43 N.Y.2d 982; Abazis v. Parks, 189 A.D.2d 739).

Sidor's remaining contentions are without merit.

JOY, J.P., THOMPSON, KRAUSMAN and GOLDSTEIN, JJ., concur.

Use AI to get other relevant cases.

Comments

McCAULEY v. SIDOR
(May 22, 2000)