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Shestokovich v. Goodall et al., Index No. 608395/2021 (App. Div., 2d Dep’t 2024)

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Congratulations to Gerard Ferrara for securing affirmance of summary judgment in favor of Carolyn and Andrew Meccia in the Appellate Division, Second Department. 

The case arose from a motor vehicle accident at an intersection where the plaintiff was a passenger in a vehicle operated by defendant Hailey Goodall. The Goodall vehicle failed to stop at a posted stop sign and collided with a vehicle operated by Carolyn Meccia, which had the right of way. 

The appellate court agreed that the Meccias established prima facie entitlement to summary judgment by showing that Goodall’s failure to yield was the sole proximate cause of the accident. Goodall admitted she never stopped or looked before entering the intersection, and Meccia testified she only saw the other vehicle one second before the collision and had no opportunity to avoid it. 

The court held that the plaintiff failed to raise a triable issue of fact regarding Meccia’s conduct, and affirmed the lower court’s dismissal of all claims against the Meccias.

This decision reinforces the principle that a driver with the right of way who is faced with a sudden and unforeseeable hazard is not liable as a matter of law. Congratulations to Gerard on this well-earned appellate win. 

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