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Cardilli v. Munves

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 336 (N.Y. App. Div. 2000)

Opinion

Submitted May 3, 2000.

June 19, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered July 6, 1999, as granted the motion of the defendants Robert Peter Munves and Chrystie Munves for summary judgment dismissing the complaint insofar as asserted against them.

Meagher Meagher, Bronxville, N.Y. (Christopher B. Meagher and Alane Mastandrea of counsel), for appellant.

Frank V. Merlino, White Plains, N.Y. (David Holmes of counsel), for respondents.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The evidence established that the vehicle operated by the respondent Chrystie Munves was lawfully stopped at an intersection waiting to make a left-turn and that its stop lights and left signal light were on. The vehicle operated by the defendant Inez Picani, in which the plaintiff's decedent was a passenger, hit the Munves vehicle in the rear. Accordingly, the respondents made a prima facie showing that they were not negligent as a matter of law (see, Miller v. Irwin, 243 A.D.2d 546; Johnston v. El-Deiry, 230 A.D.2d 715). The plaintiff has failed to come forward with any evidence sufficient to raise an issue of fact as to whether Chrystie Munves was negligent and, if so, whether that negligence was a proximate cause of the accident (see, Bando-Twomey v. Richheimer, 229 A.D.2d 554; Corbly v. Butler, 226 A.D.2d 418; Barile v. Lazzarini, 222 A.D.2d 635).

The plaintiff's mere hope that further discovery will uncover evidence to prove his case is insufficient to warrant denial of the motion (see, Waste Servs. v. Jamaica Ash Rubbish Removal Co., 262 A.D.2d 401, 403; Quinones v. Board of Educ. of the City of N Y, 248 A.D.2d 696).


Summaries of

Cardilli v. Munves

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 2000
273 A.D.2d 336 (N.Y. App. Div. 2000)
Case details for

Cardilli v. Munves

Case Details

Full title:RICHARD CARDILLI, ETC., APPELLANT, v. ROBERT PETER MUNVES, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 19, 2000

Citations

273 A.D.2d 336 (N.Y. App. Div. 2000)
710 N.Y.S.2d 905

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