Summary
This Appellate Division, First Department decision affirms the Supreme Court's denial of plaintiffs' motion for partial summary judgment on liability in a motor vehicle accident personal injury action. The court held that conflicting deposition testimony regarding lane positioning created issues of fact precluding a finding that the defendant driver violated Vehicle and Traffic Law § 1128(a) as a matter of law. Consequently, the plaintiffs failed to meet their prima facie burden to establish defendant negligence.
Topics
Practice areas
Questions Presented
- Whether defendants violated Vehicle and Traffic Law § 1128(a) such that they are liable as a matter of law for the accident
- Whether plaintiffs established a prima facie case for summary judgment on liability
Holdings
- Plaintiffs failed to establish that defendants violated Vehicle and Traffic Law § 1128(a); therefore the motion for partial summary judgment was denied.
Factual background
On July 20, 2018, a motor‑vehicle accident occurred near West Street and North Moore in Manhattan. Plaintiff Lydia Cross was a front‑seat passenger in a vehicle driven by her son, Kevin R. Tibbs. Defendant Viktoria Rogulska was operating a corporate car owned by De'Longhi America Inc. The collision involved a side‑swipe as the vehicles merged into the same lane.
Procedural history
The Supreme Court, New York County denied plaintiffs' motion for partial summary judgment on liability and entered an order on October 6, 2023. The plaintiffs appealed that order to the Appellate Division, First Department.