Balliet v. N. Amityville Fire Dep't
| Citation | 2015 N.Y. Slip Op. 07943,19 N.Y.S.3d 77,133 A.D.3d 559 |
| Parties | Brett J. BALLIET, respondent, v. NORTH AMITYVILLE FIRE DEPARTMENT, et al., defendants, Taqiyya M. Jenkins, et al., appellants. |
| Decision Date | 04 November 2015 |
| Court | New York Supreme Court — Appellate Division |
133 A.D.3d 559
19 N.Y.S.3d 77
2015 N.Y. Slip Op. 07943
Brett J. BALLIET, respondent,
v.
NORTH AMITYVILLE FIRE DEPARTMENT, et al., defendants,
Taqiyya M. Jenkins, et al., appellants.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 4, 2015.
Nicholas Goodman & Associates, PLLC, New York, N.Y. (H. Nicholas Goodmanand Brent M. Reitterof counsel), for appellants.
Stanton, Guzman & Miller, LLP, Franklin Square, N.Y. (Stacey R. Guzmanof counsel), for respondent.
OpinionIn an action to recover damages for personal injuries, the defendants
Taqiyya M. Jenkins and LL Cool J., Inc., appeal from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated September 5, 2014, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Taqiyya M. Jenkins and LL Cool J., Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.
The plaintiff allegedly was crossing the street in violation of section 1152(a) of the Vehicle and Traffic Law, when he was struck by a vehicle operated by the defendant Taqiyya M. Jenkins and owned by the defendant LL Cool J., Inc. (hereinafter together the Jenkins defendants). In order to cross the roadway, the plaintiff had to cross two eastbound lanes, two westbound lanes, and one center turning lane. The plaintiff walked in between stopped vehicles to cross the two eastbound lanes. The plaintiff was struck by the Jenkins defendants' vehicle, which was traveling eastbound, soon after he entered the center turning lane.
The plaintiff thereafter commenced this action against the Jenkins defendants, among others. The Jenkins defendants
moved for summary judgment dismissing the complaint and all cross claims insofar as asserted...
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