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Appellate Victory for Andrea Ferrucci

May 17, 2016
By: Frank Scahill

Congratulations to Andrea Ferrucci for an important appellate victory in the New York Court of Appeals on May 5, 2016 in Castiglione v. Kruse, No. 124SSM7. The Appellate Division order of July 29, 2015 (130 A.D.3d 957) was reversed and summary judgment on the issue of liability was denied to the plaintiff. On October 19, 2011, at approximately 6:40 a.m., Marie Castiglione was walking southbound across Montauk Highway near its intersection with Keith Lane in West Islip, when she was struck by the defendants' vehicle, which was making a left turn from Keith Lane to proceed eastbound on Montauk Highway. The plaintiff moved for summary judgment on the issue of liability, and the defendant also cross-moved for summary judgment. The Supreme Court denied the motion and cross motion. The Appellate Division reversed with a strong dissent from Judge Dillion who stated, the Appellate Division decision, "creates new law that is untenable. In essence, the majority holds that as long as a pedestrian looks both ways and steps off a curb with the traffic light in his or her favor, the pedestrian is relieved of any further duty of care while crossing multiple lanes of traffic on a dark and rainy morning, without need to ever look again left or right, and be oblivious to one's broader surroundings." Thanks to Andrea's fine work, the Castiglione decision from the Appellate Division, which formed a basis for the Appellate Division decision in the First Department in Quintavalle v. Perez, 2016 NY Slip Op 03126 (N.Y. App. Div. Apr. 26, 2016), has been overruled by New York's highest court. Read the decision here.
Read the decision here.

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