Opinion
5366 Index 307323/13
01-04-2018
Carlos PEREZ, Plaintiff–Appellant, v. Victor STECKLER, Defendant–Respondent.
Mitchell Dranow, Sea Cliff, for appellant. Richard T. Lau & Associates, Jericho (Irene A. Schembri of counsel), for respondent.
Mitchell Dranow, Sea Cliff, for appellant.
Richard T. Lau & Associates, Jericho (Irene A. Schembri of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Gische, Kahn, Singh, JJ.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 26, 2016, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established his prima facie entitlement to judgment as a matter of law by his testimony that as he was driving next to plaintiff's parked vehicle, plaintiff suddenly opened his driver's side door, in violation of Vehicle and Traffic Law § 1214, causing defendant to strike the door, and defendant was unable to avoid the accident (see Tavarez v. Castillo Herrasme, 140 A.D.3d 453, 453, 31 N.Y.S.3d 871 [1st Dept. 2016] ).
In opposition, plaintiff failed to raise an issue of fact as to whether he violated Vehicle and Traffic Law § 1214, or whether defendant could have avoided the accident.