Georgiadis v. Feder, 2022 N.Y. Slip Op. 6690 (2d Dept 2022)

Co-defendant was awarded summary judgment on the issue if liability in this motor vehicle accident.  The Appellate Division reversed.  Plaintiff was a passenger in defendant’s vehicle.  Defendant testified that an unknown speeding vehicle cut him off, causing him to veer into the right lane, and then onto the shoulder to avoid a collision.  Defendant’s vehicle […]

March 29, 2022

Penaranda v. Tesoriero, 2021 N.Y. Slip Op. 3463 (2d Dept 2021)

Defendant’s summary judgment motion on the issue of liability, involving invocation of the emergency doctrine, was granted. The Appellate Division affirmed. Plaintiff alleges injury from a motor vehicle accident, when co-defendant’s vehicle crossed a double yellow line, struck plaintiff's vehicle head on in the opposing lane of traffic. The impact pushed plaintiff's vehicle backwards, into […]

March 27, 2021

Ming v. Grossman, 133 A.D.3d 742 (2d Dept 2015)

Defendant was awarded summary judgment on the issue of liability in this action involving personal injuries from a motor vehicle accident.  The Appellate Division affirmed.  While travelling on an exit ramp off Grand Central Parkway, defendant was suddenly and without warning cut off.  Defendant braked hard and swerved, avoiding a collision with that vehicle, but […]

March 26, 2015

Crawford-Dunk v. MV Transportation, Inc., 83 A.D.3d 764 (2d Dept 2011)

Co-defendant moved for summary judgment on the issue of liability in this motor vehicle accident, which was denied...

March 25, 2011

Disiena v. Giammarino, 72 A.D.3d 873 (2d Dept 2010)

Defendant’s motion for summary judgment was denied by the lower court in these 3 consolidated actions for personal injuries stemming from a motor vehicle accident...

March 25, 2010

Yi Di Chen v. Falikman, 186 A.D.3d 1295 (2d Dept 2020)

March 29, 2020

Winter v. Black, 95 A.D.3d 1208 (2d Dept 2012)

Plaintiff was awarded summary judgment on the issue of liability.  The Appellate Division reversed...

March 25, 2012

Wade v. Giacobbe, 176 A.D.3d 641 (1st Dept 2019)

Plaintiff's motion to renew and vacate a prior order granting defendant's motion for summary judgment on default, was denied.  The Appellate Division affirmed. Plaintiff defaulted in opposing defendant's motion for summary judgment on the issue of lack of a serious injury pursuant to Insurance Law § 5102(d).  Plaintiff did not move to vacate the default […]

March 27, 2019

Theo v. Vasquez, 136 A.D.3d 795 (2d Dept 2016)

Defendant was denied summary judgment on the issue of liability in this rear-end motor vehicle accident. The Appellate Division reversed.

March 26, 2016

Swinton v. Kamiyama, 147 A.D.3d 803 (2d Dept 2017)

Co-Defendant was the middle vehicle in a 3 vehicle rear-end chain accident.  Co-Defendant moved for summary judgment, which was denied by the lower court.  The Appellate Division affirmed, noting that there were questions of fact (i.e., order of impacts), as to whether the middle vehicle contributed to the proximate causation of this accident.

March 26, 2017

Smith v. Pottery King, 125 A.D.3d 753 (2d Dept 2015)

Defendant’s motion for dismissal pursuant to CPLR 3211(a)(7) was denied. The Appellate Division reversed.Co-defendant was the driver for commercial co-defendant, and an employee of a corporation in which defendant was a principal. Co-defendant struck plaintiff’s vehicle, while driving in the scope of his employment. Plaintiff brought suit against commercial defendant, and subsequently brought claims directly […]

March 26, 2015

Singh v. Sukhu, 180 A.D.3d 834 (2d Dept 2020)

Commercial contractor co-defendant appealed from decision, which granted plaintiff's motion pursuant to CPLR 5015(a) to vacate a prior order granting co- defendants summary judgment, and granted reargument to ultimately deny co-defendant’s motion for summary judgment to dismiss claims based on respondeat superior. The Appellate Division affirmed.  Plaintiff was a sidewalk pedestrian who sustained personal injuries, when co-defendant’s […]

March 27, 2020

Sciafla v. Roman Catholic Church of Our Lady of Hope, 116 A.D.3d 690 (2d Dept 2014)

Defendant parking lot owner moved for summary judgment, which was denied. The Appellate Division reversed. Plaintiff alleged injuries after being struck by a vehicle in the parking lot. The Appellate Division found defendant had proved that the sole proximate cause of the accident was the negligence of the driver that struck the plaintiff.

March 26, 2014

Schleger v. Jurcsak, 108 A.D.3d 515 (2d Dept 2013)

Plaintiff’s motion for summary judgment was denied in this motor vehicle accident, involving defendant who was a volunteer firefighter responding to a fire at the time of this accident...

March 26, 2013

Sammut v. Davis, 16 A.D.3d 658 (2d Dept 2005)

Defendant’s motion for summary judgment on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) was denied...

March 25, 2005