Opinion
Nos. 2021-01609 2021-04809 Index No. 703473/18
05-22-2024
MD Shahidul Islam Jewel, appellant, v. Vanessa Jimenez, et al., defendants, Umar Hassan, et al., respondents.
William Pager, Brooklyn, NY, for appellant. Ferro & Stenz, Westbury, NY (Susan J. Mitola of counsel), for respondents Jorge Herrera-Negrete and Ivelisse Castro. O'Connor McGuinness Conte Doyle Oleson Watson & Loftus, LLP, White Plains, NY (Zachary Benoit and Heather Haralambides of counsel), for respondents Umar Hassan and American Honda Finance Corporation.
William Pager, Brooklyn, NY, for appellant.
Ferro & Stenz, Westbury, NY (Susan J. Mitola of counsel), for respondents Jorge Herrera-Negrete and Ivelisse Castro.
O'Connor McGuinness Conte Doyle Oleson Watson & Loftus, LLP, White Plains, NY (Zachary Benoit and Heather Haralambides of counsel), for respondents Umar Hassan and American Honda Finance Corporation.
MARK C. DILLON, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI, BARRY E. WARHIT, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Queens County (Robert J. McDonald, J.), entered February 22, 2021, and (2) an order of the same court entered June 24, 2021. The order entered February 22, 2021, insofar as appealed from, granted that branch of the motion of the defendants Jorge Herrera-Negrete and Ivelisse Castro which was for summary judgment dismissing the complaint insofar as asserted against them. The order entered June 24, 2021, insofar as appealed from, granted that branch of the motion of the defendants Umar Hassan and American Honda Finance Corporation which was for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that orders are affirmed insofar as appealed from, with one bill of costs.
The plaintiff commenced this action, inter alia, to recover damages for personal injuries the plaintiff allegedly sustained due to a multivehicle collision that took place in Queens. Among those allegedly involved in the collision were the defendant Jorge Herrera-Negrete, who operated a vehicle owned by the defendant Ivelisse Castro (hereinafter together the Herrera-Negrete/Castro defendants), and the defendant Umar Hassan, who operated a vehicle owned by the defendant American Honda Finance Corporation (hereinafter together the Hassan defendants). The Herrera-Negrete/Castro defendants moved, among other things, for summary judgment dismissing the complaint insofar as asserted against them. In an order entered February 22, 2021, the Supreme Court, inter alia, granted that branch of their motion. The Hassan defendants moved, among other things, for summary judgment dismissing the complaint insofar as asserted against them. In an order entered June 24, 2021, the court, inter alia, granted that branch of their motion. The plaintiff appeals.
"A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident" (Boulos v Lerner-Harrington, 124 A.D.3d 709, 709).
The Supreme Court properly granted that branch of the motion of the Herrera-Negrete/Castro defendants which was for summary judgment dismissing the complaint insofar as asserted against them. Those defendants established, prima facie, that the collision was not caused by any negligence on the part of Herrera-Negrete (see Biddy v Vanmaltke, 67 A.D.3d 845, 846). In opposition, the plaintiff failed to raise a triable issue of fact.
Further, the Supreme Court properly granted that branch of the motion of the Hassan defendants which was for summary judgment dismissing the complaint insofar as asserted against them. Those defendants established, prima facie, that the collision was not caused by any negligence on the part of Hassan, whose vehicle was stopped when it was struck from behind (see Graham v Courtesy Transp. Servs., Inc., 145 A.D.3d 966, 967). In opposition, the plaintiff failed to raise a triable issue of fact. Under the circumstances, the contention that Hassan's vehicle came to a sudden stop was insufficient, without more, to raise a triable issue of fact regarding the liability of the Hassan defendants (see Singh v City Limousine Transp., Inc., 133 A.D.3d 588, 589-590).
Accordingly, we affirm the orders insofar as appealed from.
DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.