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Miranda v. Dream Drive LLC

Supreme Court of New York, First Department
Nov 14, 2023
221 A.D.3d 462 (N.Y. App. Div. 2023)

Opinion

1005 Index No. 813023/21 Case No. 2023–00905

11-14-2023

Erick MIRANDA, Plaintiff–Appellant, v. DREAM DRIVE LLC et al., Defendants–Respondents.

Pavlounis & Sfouggatakis, LLP, Brooklyn (Anthony T. Santora of counsel), for appellant. The Zweig Law Firm, P.C., Woodmere (Daniel P. Rifkin of counsel), for respondents.


Pavlounis & Sfouggatakis, LLP, Brooklyn (Anthony T. Santora of counsel), for appellant.

The Zweig Law Firm, P.C., Woodmere (Daniel P. Rifkin of counsel), for respondents.

Kapnick, J.P., Singh, Moulton, Shulman, Rosado, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered December 12, 2022, which granted defendants’ motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

Defendants established prima facie that the collision between their vehicle and plaintiff's vehicle was caused by plaintiff's failure to yield the right of way to defendant's vehicle at the intersection (see Vehicle and Traffic Law § 1142(a) ; Samnath v. Lifespire Servs., Inc., 204 A.D.3d 554, 554, 164 N.Y.S.3d 820 [1st Dept. 2022] ; Rivera v. Haywood, 189 A.D.3d 649, 649–650, 134 N.Y.S.3d 702 [1st Dept. 2020] ).

In opposition, plaintiff failed to raise an issue of fact as to negligence on his part. Plaintiff averred that he had stopped at the stop sign and looked before entering the intersection but did not provide a nonnegligent explanation for failing to yield the right of way to defendants’ vehicle ( Rivera, 189 A.D.3d at 650, 134 N.Y.S.3d 702 ). Plaintiff's speculation that defendant driver could have been speeding or distracted was insufficient to defeat defendants’ summary judgment motion (see Estate of Bachman v. Hong, 169 A.D.3d 436, 437, 92 N.Y.S.3d 281 [1st Dept. 2019] ).


Summaries of

Miranda v. Dream Drive LLC

Supreme Court of New York, First Department
Nov 14, 2023
221 A.D.3d 462 (N.Y. App. Div. 2023)
Case details for

Miranda v. Dream Drive LLC

Case Details

Full title:Erick Miranda, Plaintiff-Appellant, v. Dream Drive LLC et al.…

Court:Supreme Court of New York, First Department

Date published: Nov 14, 2023

Citations

221 A.D.3d 462 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5691
198 N.Y.S.3d 70