Summary
finding that the plaintiff's testimony that she did not know how the car accident occurred was insufficient to rebut the evidence supporting the defendant's motion for summary judgment
Summary of this case from A.H. v. Precision Indus. Maint. Inc.Opinion
2003-477 Q C.
Decided January 29, 2004.
Appeal by plaintiff from an order of the Civil Court, Queens County (D. Elliot, J.), entered February 21, 2003, which granted defendants' motion for summary judgment dismissing the complaint.
Order unanimously affirmed with $10 costs.
PRESENT: PESCE, PJ., PATTERSON and GOLIA, JJ.
In this action to recover damages for personal injuries plaintiff allegedly sustained in a motor vehicle accident, defendant Josefa Sande testified during her examination before trial that she stopped her car at a red traffic light before it entered the intersection. While she was stopped at the intersection, her car was struck by the car in which plaintiff was a passenger when it crossed over the double yellow lines and moved into her car. When plaintiff was deposed, she testified that she did not know how the accident happened. Inasmuch as the record is bereft of any evidence that defendants were negligent and given the fact that it is unrebutted that the accident occurred when the car plaintiff was riding in crossed over into an opposing lane of traffic, defendants' motion for summary judgment dismissing the complaint was properly granted ( see Bentley v. Moore, 251 AD2d 612; see also Lawhorn v. Scott, 298 AD2d 503; Patti v. New York City Tr. Auth., 296 AD2d 484; Coleman v. Hayes, 294 AD2d 458).