Scahill Law Group P.C. | New York Trial Attorneys

Olivares v. Andacky, Index No. 613963/2023 (App. Div., 2d Dep’t 2026)

Categories  

Congratulations to Gerard Ferrara for securing an appellate affirmance in favor of the defendant before the Appellate Division, Second Department.

The case arose from a motor vehicle accident involving a truck operated by the defendant and a vehicle operated by the plaintiff. Immediately before the accident, plaintiff drove out of a gas station and attempted to cross two or three southbound lanes of traffic to make a left turn. Defendant was traveling in one of the southbound lanes when the collision occurred.

The Supreme Court, Nassau County, granted defendant’s motion for summary judgment dismissing the complaint, and plaintiff appealed. The Appellate Division affirmed, holding that defendant established his entitlement to judgment as a matter of law.

The Court found that plaintiff was negligent in driving out of the gas station, across multiple southbound lanes, and through a gap in traffic while attempting to reach the northbound side of the road. The Court also found that both plaintiff and defendant saw each other’s vehicles only approximately one second before impact, leaving defendant without sufficient time to avoid the collision.

Accordingly, the Appellate Division affirmed dismissal of the complaint.

Congratulations to Gerard on an excellent appellate result, reflecting strong preservation of the right-of-way record and effective use of the plaintiff’s own testimony.

Copyright © 2020-2022 Scahill Law Group P.C. (Attorney advertising. Prior results do not guarantee a similar outcome. Read our Terms of Use)  Site design by Remote Resource
envelopephonemap-marker linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram