Daddi v. Valencia

122 A.D.3d 793

995 N.Y.S.2d 518 (Mem)

2014 N.Y. Slip Op. 07976

Enzo DADDI, respondent

v.Anastacio VALENCIA, appellant.

2014-00351

Supreme Court, Appellate Division, Second Department, New York.

Nov. 19, 2014.

McCabe, Collins, McGeough & Fowler, LLP, Carle Place, N.Y. (Patrick M. Murphy and Allison Henig of counsel), for appellant.

Gregory W. Bagen, Brewster, N.Y. (Dara L. Warren of counsel), for respondent.

Opinion

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Putnam County (Lubell, J.), dated October 3, 2013, which granted the plaintiff's motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed, with costs.

In support of his motion for summary judgment on the issue of liability, the plaintiff established that his vehicle was in the southbound lane of North Division Street in Peekskill, when the vehicle operated by the defendant, which was in the northbound lane, suddenly crossed into his lane in violation of Vehicle and Traffic Law § 1128(a). This evidence established the plaintiff's prima facie entitlement to judgment as a matter of law (see Williams v. New York City Tr. Auth., 37 A.D.3d 827, 832 N.Y.S.2d 54 ). In opposition to the motion, the defendant failed to raise a triable issue of fact (see Summers v. Teddy Cab Corp., 50 A.D.3d 671, 853 N.Y.S.2d 913 ; Shuman v. Maller, 45 A.D.3d 566, 846 N.Y.S.2d 204 ; Williams v. New York City Tr. Auth., 37 A.D.3d at 827, 828, 832 N.Y.S.2d 54 ). Accordingly, the Supreme Court properly...