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Markesinis v. Jaquez

Supreme Court, Appellate Division, Second Department, New York.
May 22, 2013
106 A.D.3d 961 (N.Y. App. Div. 2013)

Summary

affirming denial of motion for summary judgment against rear-car driver where plaintiff, who drove lead vehicle, made a sudden stop

Summary of this case from Chen v. Spring Tailor, L.L.C.

Opinion

2013-05-22

Nicholas MARKESINIS, appellant, v. Roni J. JAQUEZ, et al., respondents.

McHugh & Lambrou, LLP, New York, N.Y. (Lambros Y. Lambrou and Julie T. Mark of counsel), for appellant. Harris, King & Fodera (Mauro Lilling Naparty LLP, Woodbury, N.Y. [Matthew W. Naparty and David A. Beatty], of counsel), for respondents.


McHugh & Lambrou, LLP, New York, N.Y. (Lambros Y. Lambrou and Julie T. Mark of counsel), for appellant. Harris, King & Fodera (Mauro Lilling Naparty LLP, Woodbury, N.Y. [Matthew W. Naparty and David A. Beatty], of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated April 25, 2012, which denied his motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed, with costs.

A rear-end collision with a stopped vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle, and imposes a duty on that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision ( see Tutrani v. County of Suffolk, 10 N.Y.3d 906, 861 N.Y.S.2d 610, 891 N.E.2d 726;Pollard v. Independent Beauty & Barber Supply Co., 94 A.D.3d 845, 942 N.Y.S.2d 360;Balducci v. Velasquez, 92 A.D.3d 626, 938 N.Y.S.2d 178;Perez v. Roberts, 91 A.D.3d 620, 936 N.Y.S.2d 259;Camarillo v. Sandoval, 90 A.D.3d 593, 933 N.Y.S.2d 906;Kastritsios v. Marcello, 84 A.D.3d 1174, 923 N.Y.S.2d 863). Here, the plaintiff established, prima facie, his entitlement to judgment as a matter of law by demonstrating that his vehicle was fully stopped at a red traffic light when it was hit in the rear by the defendants' vehicle ( see Pollard v. Independent Beauty & Barber Supply Co., 94 A.D.3d 845, 942 N.Y.S.2d 360;Kastritsios v. Marcello, 84 A.D.3d 1174, 923 N.Y.S.2d 863;Ballatore v. HUB Truck Rental Corp., 83 A.D.3d 978, 922 N.Y.S.2d 180). In opposition, the defendants raised triable issues of fact as to whether the plaintiff was negligent in the operation of his vehicle, and whether his alleged negligence caused or contributed to the accident, through the affidavit of the defendant driver Roni J. Jaquez. Jaquez averred that the plaintiff's vehicle abruptly changed lanes, directly in front of his vehicle, and then came to a sudden stop. Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability ( see Scheker v. Brown, 85 A.D.3d 1007, 925 N.Y.S.2d 528;Ortiz v. Hub Truck Rental Corp., 82 A.D.3d 725, 918 N.Y.S.2d 156;Reitz v. Seagate Trucking, Inc., 71 A.D.3d 975, 898 N.Y.S.2d 173;*364Abbott v. Picture Cars E., Inc., 78 A.D.3d 869, 911 N.Y.S.2d 449;Oguzturk v. General Elec. Co., 65 A.D.3d 1110, 885 N.Y.S.2d 343;Guerra v. Cantos, 38 A.D.3d 714, 830 N.Y.S.2d 917;Rozengauz v. Lok Wing Ha, 280 A.D.2d 534, 720 N.Y.S.2d 181).

SKELOS, J.P., HALL, LOTT and HINDS–RADIX, JJ., concur.


Summaries of

Markesinis v. Jaquez

Supreme Court, Appellate Division, Second Department, New York.
May 22, 2013
106 A.D.3d 961 (N.Y. App. Div. 2013)

affirming denial of motion for summary judgment against rear-car driver where plaintiff, who drove lead vehicle, made a sudden stop

Summary of this case from Chen v. Spring Tailor, L.L.C.
Case details for

Markesinis v. Jaquez

Case Details

Full title:Nicholas MARKESINIS, appellant, v. Roni J. JAQUEZ, et al., respondents.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: May 22, 2013

Citations

106 A.D.3d 961 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 3641
965 N.Y.S.2d 363

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