Opinion
2014-06-20
Kanwaljeet SINGH, Plaintiff–Appellant, v. Laureen D. REAGAN, Defendant–Respondent.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of Counsel), for Plaintiff–Appellant. Hagelin Kent LLC, Buffalo (Benjamin R. Wolf of Counsel), for Defendant–Respondent.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of Counsel), for Plaintiff–Appellant. Hagelin Kent LLC, Buffalo (Benjamin R. Wolf of Counsel), for Defendant–Respondent.
PRESENT: CENTRA, J.P., LINDLEY, SCONIERS, VALENTINO, and DeJOSEPH, JJ.
MEMORANDUM:
Plaintiff commenced this action seeking damages for injuries he sustained when, as a pedestrian, he was struck by a motor vehicle operated by defendant. Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Defendant established her prima facie entitlement to judgment as a matter of law by establishing that plaintiff stepped into the roadway from between stopped vehicles, two or three car lengths behind the crosswalk and directly into the path of defendant's vehicle, “leaving the defendant driver unable to avoid contact with” plaintiff ( Jahangir v. Logan Bus Co., Inc., 89 A.D.3d 1064, 1064, 933 N.Y.S.2d 402;see Green v. Hosley, 117 A.D.3d 1437, ––––, 985 N.Y.S.2d 363;Rodriguez v. Catalano, 96 A.D.3d 821, 822, 949 N.Y.S.2d 69). In opposition, plaintiff failed to raise a material issue of fact with respect to defendant's alleged negligence ( see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718). Plaintiff's contention that defendant failed to observe what she should have observed is merely an attempt “to ferret out speculative issues ‘to get the case to the jury’ ” ( Andre v. Pomeroy, 35 N.Y.2d 361, 364, 362 N.Y.S.2d 131, 320 N.E.2d 853).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.