Summary
reversing denial of summary judgment where defendant established prima facie entitlement to judgment as a matter of law by showing plaintiff violated VTL § 1214 by opening door of taxi on moving side of traffic after front of bus had passed and plaintiff failed to raise a triable issue of fact as to bus driver's negligence
Summary of this case from Reyes v. United StatesOpinion
11764 Index 157389/12
07-02-2020
Luis GONZALEZ, Plaintiff–Respondent, v. O TEMBELIS TRANS, INC., et al., Defendants, Galaxy Towers, Inc., et al., Defendants–Appellants.
Stonberg Moran, LLP, New York (Carmen L. Borbon of counsel), for appellants. Cellino & Barnes, Garden City (John E. Lavelle of counsel), for respondent.
Stonberg Moran, LLP, New York (Carmen L. Borbon of counsel), for appellants.
Cellino & Barnes, Garden City (John E. Lavelle of counsel), for respondent.
Manzanet–Daniels, J.P., Gische, Kern, Oing, Gonza´lez, JJ.
Order, Supreme Court, New York County (Adam Silvera, J.), entered December 20, 2019, which, insofar as appealed from, denied the motion of defendants Galaxy Towers, Inc. and Jamie Solis for summary judgment dismissing the complaint as against them, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly. Defendants established their prima facie entitlement to judgment as a matter of law by showing that plaintiff violated Vehicle and Traffic Law § 1214 by opening the door of the taxi cab in which he was a passenger into the side of the passing bus driven by defendant Solis after the front of the bus had passed (see Perez v. Steckler, 157 A.D.3d 445, 66 N.Y.S.3d 137 [1st Dept. 2018] ; Montesinos v. Cote, 46 A.D.3d 774, 848 N.Y.S.2d 329 [2d Dept. 2007] ).
In opposition to defendants' showing that Solis was not negligent in connection with the accident, plaintiff failed to raise a triable issue of fact (see Smith v. City of New York, 179 A.D.3d 500, 501, 114 N.Y.S.3d 220 [1st Dept. 2020] ).