Opinion
15678 Index No. 32437/20E Case No. 2021–02455
04-07-2022
Drupattie RAMROOP, Plaintiff–Appellant, v. Jeffrey S. STEIN et al., Defendants–Respondents.
Jaroslawicz & Jaros PLLC, New York (David Tolchin of counsel), for appellant. Law Office of Dennis C. Bartling, Westbury (Alina Vengerov of counsel), for respondents.
Jaroslawicz & Jaros PLLC, New York (David Tolchin of counsel), for appellant.
Law Office of Dennis C. Bartling, Westbury (Alina Vengerov of counsel), for respondents.
Manzanet–Daniels, J.P., Kern, Gesmer, Oing, Rodriguez, JJ.
Order, Supreme Court, Bronx County (Bianka Perez, J.), entered June 8, 2021, which denied plaintiff's motion for summary judgment as to liability and dismissing defendants' first affirmative defense alleging culpable conduct by plaintiff, unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff established prima facie that defendant Karly Stein's negligence caused the motor vehicle accident in which she was injured through her affidavit that the accident happened when Stein pulled out of a parked position and into a lane of moving traffic (see Vehicle and Traffic Law §§ 1142 ; 1162; 1163; Davis v. Turner, 132 A.D.3d 603, 20 N.Y.S.3d 2 [1st Dept. 2015] ). In opposition, defendants failed to raise an issue of fact as to Stein's negligence. Nor did they raise an issue of fact as to plaintiff's comparative negligence, since their argument that plaintiff was culpable, including the contention that she was speeding, rests on bare speculation. Defendant averred in her affidavit that she did not see plaintiff's vehicle until she struck it and there is no other evidence that plaintiff's speed contributed to the accident (see e.g. Aguila v. Benitez, 156 A.D.3d 538, 67 N.Y.S.3d 196 [1st Dept. 2017] ).