Ruggiero v. Lentini

3 Citing cases

  1. Nohs v. DiRaimondo

    140 A.D.3d 1132 (N.Y. App. Div. 2016)   Cited 16 times

    A driver who has the right-of-way is entitled to anticipate that other drivers will obey traffic laws that require them to yield (see Mu–Jin Chen v. Cardenia, 138 A.D.3d 1126, 31 N.Y.S.3d 134 ; Smith v. Omanes, 123 A.D.3d 691, 998 N.Y.S.2d 198 ; Luke v. McFadden, 119 A.D.3d 533, 987 N.Y.S.2d 909 ). “Moreover, a driver is negligent where he has failed to see that which through proper use of his senses he should have seen” (Rodriguez v. Klein, 116 A.D.3d 939, 939, 983 N.Y.S.2d 851 ; see Laino v. Lucchese, 35 A.D.3d 672, 827 N.Y.S.2d 249 ). However, since there can be more than one proximate cause of an accident, the proponent of a summary judgment motion has the burden of establishing freedom from comparative fault as a matter of law (see Ruggiero v. Lentini, 123 A.D.3d 998, 999, 1 N.Y.S.3d 154 ; Arias v. Tiao, 123 A.D.3d 857, 858, 1 N.Y.S.3d 133 ; Luke v. McFadden, 119 A.D.3d at 534, 987 N.Y.S.2d 909 ).

  2. Derieux v. Apollo N.Y.C. Ambulette, Inc.

    131 A.D.3d 504 (N.Y. App. Div. 2015)   Cited 11 times

    The Supreme Court denied the motion, and the plaintiff appeals.To prevail on a motion for summary judgment on the issue of liability, a plaintiff is required to submit evidence in admissible form establishing, prima facie, that the defendant was negligent and that the plaintiff was free from comparative fault (see Ruggiero v. Lentini, 123 A.D.3d 998, 1 N.Y.S.3d 154 ; Valentin v. Parisio, 119 A.D.3d 854, 989 N.Y.S.2d 621 ; Roman v. A1 Limousine, Inc., 76 A.D.3d 552, 907 N.Y.S.2d 251 ). Here, in support of his motion, the plaintiff submitted his attorney's affirmation, a copy of the pleadings, and his own affidavit, which consisted of a single paragraph containing a conclusory description of the accident.

  3. Pomarico v. Beehler

    2017 N.Y. Slip Op. 33393 (N.Y. Sup. Ct. 2017)

    ' Luke v. McFadden,supra. ''However, "'[t]here can be more than one proximate cause of an accident'" (Rabenstein v. Suffolk County Department of Public Works, 131 A.D.3d 1145 [2d Dept. 2015], quoting Cox v. Nunez, 23 A.D.3d 427 [2d Dept. 2005]), "and thus, the proponent of a summary judgment motion has the burden of establishing freedom from comparative fault as a matter of law." Ruggiero v. Lentini, 123 A.D.3d 998, 999 (2d Dept. 2014). Finally, "a driver traveling with the right-of-way may nevertheless be found to have contributed to the happening of the accident if he or she did not use reasonable care to avoid the accident." Rabenstein v. Suffolk County Department of Public Works, supra at 1146.