green
Positive treatment
Issue: first affirmative defenseNY ↗
Issue: second affirmative defenseNY ↗
18.0 score
G Cite
cited 4× by 4 distinct cases, 2024–2025 · 2 courts ·
…a violation of a standard of care imposed by the vehicle and traffic law constitutes negligence per se
at p. 644
⚠ not in text
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Hakim v. Lais
Moreover, "[a] violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se" ( Ali v Alam , 223 AD3d 642, 644 [internal quotation marks omitted]; [*2]see Dieubon v Moore , 229 AD3d 686 , 687).
cited
Cited as authority (rule)
Farooq v. Uber USA, LLC
"A violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se" ( Ali v Alam , 223 AD3d 642, 644 [alterations and internal quotation marks omitted]).
discussed
Cited as authority (rule)
Myrie v. New York City Tr. Auth.
Contrary to defendants' argument, "'[a] violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se"' (Ali v Alam, 223 AD3d 642, 644 [2d Dept 2024] [citation omitted]; Chavis v Zorrilla, 222 AD3d 581, 581 [1st Dept 2023]). 2 Allegations that plaintiff was not in compliance with New York City e-bike rules, or that plaintiff was traveling at a high rate of speed, raise issues of plaintiff's comparative fault.
discussed
Cited as authority (rule)
Dieubon v. Moore
Moreover, "[a] violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se" ( Ali v Alam , 223 AD3d 642, 644 [alterations and internal quotation marks omitted]).
discussed
Cited "see"
Cui Lan Mai v. Jets Towing, Inc.
"To be entitled to summary judgment on the issue of a defendant's liability, a plaintiff does not bear the burden of establishing the absence of his or her own comparative negligence" ( Xiuying Cui v Hussain , 207 AD3d 788, 789 ; see Rodriguez v City of New York , 31 NY3d 312, 317-325 ). "'A driver is bound to see what is there to be seen with the proper use of his or her senses'" ( Crist v Rosenberger , 219 AD3d 569, 571 , quoting Higashi v M & R Scarsdale Rest., LLC , 176 AD3d 788 , 790). "'A driver also has a statutory duty' pursuant to Vehicle and Traffic Law § 1146 'to use due care to av…
Retrieving the full opinion text from the archive…
People ex rel. Pacheco
v.
Maginley-Liddie
v.
Maginley-Liddie
2023-12309.
Appellate Division of the Supreme Court of the State of New York.
Jan 8, 2024.
Cited by 10 opinions | Published
People ex rel. Pacheco v Maginley-Liddie (2024 NY Slip Op 00043)
Decided on January 8, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
BARRY E. WARHIT, JJ.
2023-12309
| People ex rel. Pacheco v Maginley-Liddie |
| 2024 NY Slip Op 00043 |
| Decided on January 8, 2024 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on January 8, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
BARRY E. WARHIT, JJ.
2023-12309
[*1]The People of the State of New York, ex rel. Eliza Pacheco, on behalf of Dominick Giordano, petitioner,
v
Lynelle Maginley-Liddie, etc., respondent.
v
Lynelle Maginley-Liddie, etc., respondent.
Eliza Pacheco, Staten Island, NY, petitioner pro se.
Michael E. McMahon, District Attorney, Staten Island, NY (Timothy Pezzoli and Rhys Johnson of counsel), for respondent.
DECISION & JUDGMENT
Writ of habeas corpus in the nature of an application to release Dominick Giordano upon his own recognizance or, in the alternative, to set reasonable bail upon Richmond County Indictment No. 70803/2023.
ADJUDGED that the writ is dismissed, without costs or disbursements.The determination of the Supreme Court, Richmond County, did not violate "constitutional or statutory standards" (People ex rel. Klein v Krueger , 25 NY2d 497, 499; see People ex rel. Rosenthal v Wolfson , 48 NY2d 230).
IANNACCI, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.
ENTER:Darrell M. Joseph
Acting Clerk of the Court