Motor Vehicle Accidents

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In Achaibar v. City of New York, a personal injury car accident case, the Supreme Court, Queens County denied defendant City’s motion for summary judgment. Here are the facts: [Plaintiff testified that] the traffic signal, at the intersection of Hillside Avenue and 212th Street, was blinking yellow-amber at the time of the occurrence. Notably, the…

Read More No Summary Judgment for Defendant City in Car Accident Case Involving Alleged Broken Traffic Light
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In Samarskaya v. MVAIC, Judge Bluth of the New York Supreme Court, New York County denied defendant Motor Vehicle Accident Indemnification Corporation’s (MVAIC) motion for summary judgment. Plaintiff alleged that while riding her bicycle, she was struck by an opened rear passenger-side door of a taxi, which then drove off. Under Article 52 of the…

Read More MVAIC Denied Dismissal in Case of Cyclist “Doored” by Taxi Passenger
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In D’Agostino v. YRC, Inc., the Appellate Division, Second Department affirmed the denial of summary judgment on liability in favor of the plaintiff, who was struck in the rear. Here are the facts: During the late night hours of October 22, 2010, the plaintiff was driving in the northbound right lane of Interstate 87, near…

Read More Possible Explanation for Rear-End Collision Precludes Summary Judgment in Favor of Rear-Ended Plaintiff
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In Brown v. Mackiewicz (decided September 10, 2014), the Appellate Division, Second Department reversed the denial of plaintiff’s motion for summary judgment, and ordered that plaintiff’s motion for summary judgment on liability be granted. Translation: plaintiff wins (at least on the issue of liability). In this car accident personal injury case, the plaintiff was a…

Read More Pedestrian Struck By Ambulance in Crosswalk Wins Summary Judgment on Liability
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In Amador v. City of New York, decided August 13, 2014, the Appellate Division, Second Department explained: A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…

Read More Rear-Ended Plaintiff Not Entitled to Summary Judgment in Car Accident Case
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In Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…

Read More Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard Inapplicable
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In Gomez v. Yussuf, a left-turn car accident case, the court dismissed plaintiff’s case, finding that plaintiff was the sole proximate cause of the accident. It described the accident as follows: Plaintiff was the driver of a car which hit a vehicle owned and operated by defendant at the intersection of Rockaway Boulevard and Beach 56th…

Read More Left Turn Accident Was All Plaintiff’s Fault, Court Finds
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In Sylvester v. Jimenez, an automobile accident case, Judge Bluth of the New York Supreme Court denied defendant’s motion for summary judgment that plaintiff did not sustain a “serious injury” under Insurance Law 5102(d). This was a two-car accident; plaintiff Sylvester was driving, and plaintiff Turner was a passenger, in one car, and defendant Jimenez…

Read More Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident Case
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In Dominicci v. Ford, a rear-end motor vehicle accident case decided July 3, 2014, the Fourth Department affirmed the denial of State Farm Automobile Insurance Company’s motion to quash plaintiff’s subpoena for documents. State Farm retained a physician to conduct an “independent medical examination”, or “IME”, of the plaintiff on behalf of defendant. Plaintiff then…

Read More Car Accident Plaintiff Entitled to Documents to Show Bias, Motive, or Interest of Insurance Company-Retained Examining Physician, Fourth Department Holds
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