Opinion
May 15, 1989
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the appeals from the order entered December 21, 1987 are dismissed, as that order was superseded by the order dated June 21, 1988, made upon reargument; and it is further,
Ordered that the order dated June 21, 1988 is affirmed insofar as reviewed; and it is further,
Ordered that the defendant-respondent in action No. 1 and the plaintiffs-respondents in action No. 2, appearing separately and filing separate briefs, are awarded one bill of costs.
The instant actions arise out of an automobile accident that occurred on August 8, 1986, in which the vehicle operated by the defendant Naughton, which was proceeding south on South Oyster Bay Road, crossed over the double lines and a fire lane, striking head on a vehicle driven by Edith Margone in the northbound lane. Ruth Morowitz, the plaintiff in action No. 1, was a passenger in the Margone vehicle. There was an eyewitness to the accident who was driving his car immediately next to the Margone vehicle.
While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where, as here, the facts clearly point to the negligence of one party without any fault or culpable conduct by the other party (see, Viegas v Esposito, 135 A.D.2d 708; O'Callaghan v Flitter, 112 A.D.2d 1030). The defendant Naughton was undeniably responsible for causing the accident, while Mrs. Margone was in no position to take any steps to either reasonably foresee or avoid the head-on collision.
The papers submitted in opposition to the motion and cross motion for summary judgment failed to raise the existence of any bona fide issues of fact (see, Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231). "It is well settled that `a shadowy semblance of an issue or bald conclusory assertions, even if believable, are not enough' to defeat a motion for summary judgment" (Mayer v McBrunigan Constr. Corp., 105 A.D.2d 774, quoting from Gelb v Bucknell Press, 69 A.D.2d 829, 830). Thus, the Supreme Court, Nassau County, properly granted summary judgment to the Margones. Mangano, J.P., Kunzeman, Rubin and Balletta, JJ., concur.