Benetatos v. Comerford
Citation | 78 A.D.3d 750,911 N.Y.S.2d 155 |
Parties | John Joseph BENETATOS, etc., appellant, v. Alfred COMERFORD, respondent. |
Decision Date | 09 November 2010 |
Court | New York Supreme Court — Appellate Division |
78 A.D.3d 750
John Joseph BENETATOS, etc., appellant,
v.
Alfred COMERFORD, respondent.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 9, 2010.
Kujawski & Dellicarpini, Deer Park, N.Y. (Mark C. Kujawski of counsel), for appellant.
David J. Sobel, P.C., Smithtown, N.Y., for respondent.
REINALDO E. RIVERA, J.P., DANIEL D. ANGIOLILLO, CHERYL E. CHAMBERS, and LEONARD B. AUSTIN, JJ.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated November 30, 2009, which granted the defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.
On February 18, 2007, at approximately 6:00 P.M., the defendant, while driving his own vehicle southbound on County Road 21, an unlit road in the Town of Brookhaven, traversing a wooded area, struck the plaintiff. The defendant testified at his deposition that, at the time of the impact and immediately thereafter, he did not know with whom or what his vehicle had come into contact. He stated that, although he exited his vehicle to search the area, he could not find anything or anyone, so he drove his severely damaged vehicle
It is uncontroverted that it was dark at the time of the accident, the weather was clear, and the road was dry. The road was straight and level at the point where the accident occurred. When deposed, the defendant testified that, less than a second before the impact occurred and his windshield smashed on the passenger side of his vehicle, he saw a shadow.
As a result of the accident, the plaintiff suffered, inter alia, a severe traumatic brain stem injury resulting in brain damage and amnesia. Therefore,...
To continue reading
Request your trial-
Arrospide v. Murphy
...... credibility (see Chimbo v. Bolivar, 142 A.D.3d 944,. 37 N.Y.S.3d 339 [2d Dept 2016]; Benetatos v. Comerford, 78 A.D.3d 730, 911 N.Y.S.2d 155 [2d Dept. 2010]). . . When a. driver approaches another vehicle from the rear, ......
-
Donato v. Pasciuta
...are issues of credibility (see Chimbo v. Bolivar, 142 A.D.3d 944, 37 N.Y.S.3d 339 [2d Dept 2016]; Benetatos v. Comerford, 78 A.D.3d 730, 911 N.Y.S.2d 155 [2d Dept. 2010]). "A plaintiff in a negligence action moving for summary judgment on the issue of liability must establish, prima facie, ......
-
Magee v. Zeman
...drawn from the evidence, or where there are issues of credibility (see Chimbo v. Bolivar, supra; Benetatos v. Cometford, 78 A.D.3d 730, 911 N.Y.S.2d 155 [2d Dept. 2010]). Vehicle and Traffic Law § 1141 requires that "[t]he driver of a vehicle intending to turn to the left within an intersec......
-
Dominguez v. Algieri
...be drawn from the evidence, or where there are issues of credibility (see Chimbo v Bolivar, supra; Benetatos v Comerford, 78 A.D.3d 730, 911 N.Y.S.2d 155 [2d Dept 2010]). Pursuant to Vehicle and Traffic law § 1231, "every person riding a bicycle ... upon a roadway shall be ... subject to al......