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Coogan v. Torrisi – Case Brief Summary (New York)

In Coogan v. Torrisi, 47 AD3d 669, 849 N.Y.S.2d 621 [2nd Dept. 2008], the Second Department held that the appellant's violation of Vehicle and Traffic Law was negligence per se and that the restriction placed upon appellant's learner's permit, requiring him to have a licensed adult driver supervising his actions when driving, related directly to the actual operation of the vehicle.

Accordingly, the Vehicle and Traffic Law statute set up a standard of care, and the appellate court stated that the violation of the statute, without adequate excuse, constituted negligence per se.

The Second Department in that case stated that plaintiff's violation "related directly to the actual operation of the vehicle." (Id. at 670.)