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Motor Vehicle Accidents

In Bentick v. Gatchalian, 2017 NY Slip Op 01172 (App. Div. 2d Dept. Feb. 15, 2017), an automobile accident case, the court affirmed the lower court’s decision granting plaintiff summary judgment on the issue of liability. Plaintiff and defendant collided “while the plaintiff was in the process of making a left turn from westbound Hillside Avenue […]

In Chimbo v. Bolivar, 2016 NY Slip Op 05969 (App. Div. 2nd Dept. Sept. 14, 2016) – an auto accident case arising from a collision between plaintiff’s vehicle and defendant’s garbage truck – the court reversed an order granting summary judgment to defendant. This decision reminds us of summary judgment is not permissible where there are […]

In Oluwatayo v. Dulinayan, 2016 NY Slip Op 05455 (App. Div. 1st Dept. July 7, 2016), the court clarified the distinction – in the context of a rear-end car accident case – between (i) plaintiff’s freedom of culpability and (ii) defendants’ alleged negligence. Here, plaintiff was entitled to summary judgment as to (i), but not as […]

In Abboud v. Pawelec, 2016 NY Slip Op 05448 (App. Div. 1st Dept. July 7, 2016), a personal injury/car accident case, the court unanimously affirmed summary judgment for plaintiff. The court explained: Plaintiff established her entitlement to judgment as a matter of law on the issue of liability, in this action where plaintiff’s vehicle collided with the […]

In Quintavalle v. Perez, 2016 NY Slip Op 03126 (App. Div. 1st Dept. April 26, 2016) (a car accident/pedestrian knockdown case) the court held that a pedestrian struck from behind was, as a matter of law, not comparatively negligent (for failing to notice an avoid a vehicle that struck him from behind) and entitled to summary judgment […]

In Bhatia v Cummings, 2016 NY Slip Op 00918 (App. Div. 2d Dept. Feb. 10, 2016), plaintiff was driving his car when he was struck in the rear by a vehicle operated by defendant. Plaintiff sued, and defendant (the rear-ender) asserted a counterclaim for negligence. The Supreme Court granted plaintiff’s motion dismissing defendant’s counterclaim; the Appellate Division […]

In Foley v. Santucci, 2016 NY Slip Op 00330 (App. Div. 2nd Dept. Jan. 20, 2016), a car accident case, the court reversed the denial of plaintiff’s motion for summary judgment. It explained: [Non-party witness affidavits] demonstrated that the sole proximate cause of the subject accident was the defendant driver’s violation of Vehicle and Traffic Law § […]

Negligence cases, particularly those arising from car accidents, involve many facts, and hence questions of fact that are typically for a jury. However, there are situations where a plaintiff might be entitled to judgment as a matter of law. One example of such a situation is the case of State Farm Fire & Cas. Co. v. […]

In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report […]

In Velasquez v. MTA Bus Co., 2015 NY Slip Op 07536 (App. Div. 1st Dept. Oct. 15, 2015), the court unanimously affirmed Supreme Court Judge Arlene Bluth’s Order granting plaintiff – an injured bicyclist – summary judgment on the issue of liability. In reaching its decision, the court cited to Vehicle and Traffic Law §§ 1122[a] and 1128. […]