Motor Vehicle Accidents

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In O’Connell v. Macy’s Corporate Services, Inc., 154 A.D.3d 628 (N.Y.A.D. 1 Dept. Oct. 31, 2017), the Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s personal injury claim against Macy’s. In sum, plaintiff alleges that on or about November 28, 2013, she was struck by an all terrain-vehicle driven by the Defendant Jeff Stanton.…

Read More Macy’s Thanksgiving Day Parade Balloon Handler Volunteer’s Injury Claim Properly Dismissed in Light of Release
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In Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his…

Read More Cross-Examination of Personal Injury Plaintiff Regarding Employment and Doctor Referrals Properly Limited
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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…

Read More Auto-Accident Plaintiff Entitled to Summary Judgment; Evidence Demonstrated That Defendant Went Through Red LIght
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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…

Read More Conflicting Versions of Car Accident Result in Reversal of Summary Judgment for Defendant
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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…

Read More “Innocent” Rear-Ended Plaintiff Entitled to Summary Judgment as to His Lack of Culpable Conduct, But Not With Respect to Defendants’ Negligence
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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…

Read More Negligent Left Turn Results in Summary Judgment for Car Accident Plaintiff
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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…

Read More Hit-From-Behind Pedestrian Entitled to Summary Judgment in Car Accident Case
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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…

Read More Leading Car’s Alleged Slamming on Brakes and Improper Signaling Creates Fact Issue in Rear-End Car Accident Case
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Under New York’s “No Fault” automobile insurance system, first-party no-fault insurance benefits are not available to “occupants” of a motorcycle. But what exactly does it mean to be a motorcycle “occupant”? Consider, for example, the following accident scenario: a motorcycle passenger is ejected from her motorcycle, the motorcycle becomes airborne, and then lands on the…

Read More Ejected Motorcycle Passenger Was “Occupying” the Bike and Hence Not Entitled to First-Party Benefits Under New York’s No-Fault System
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