Daramboukas v. Samlidis

• Decision Date: 03 May 2011
• Citation: 84 A.D.3d 719,2011 N.Y. Slip Op. 03796,922 N.Y.S.2d 207
• Parties: Olga DARAMBOUKAS, et al., respondents, v. Lazaros SAMLIDIS, et al., defendants, James H. Tam, et al., appellants.
• Court: New York Supreme Court

84 A.D.3d 719
922 N.Y.S.2d 207

Olga DARAMBOUKAS, et al., respondents,
v.
Lazaros SAMLIDIS, et al., defendants,
James H. Tam, et al., appellants.

Supreme Court, Appellate Division, Second Department, New York.

May 3, 2011.

[922 N.Y.S.2d 208]

Montfort, Healy, McGuire & Salley, Garden City, N.Y. (Donald S. Neumann, Jr., and Matthew K. Arad of counsel), for appellants James H. Tam and Daniel Tam.

Cuomo LLC, New York, N.Y. (Matthew A. Cuomo, Sherri A. Jayson, and Paul L. Meli of counsel), for appellant Charles L. Albert.

Morris, Duffy, Alonso & Faley, New York, N.Y. (Anna J. Ervolina and Andrea M. Alonso of counsel), for appellant Rochelle K. Osdoby.

PETER B. SKELOS, J.P., RANDALL T. ENG, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.

[84 A.D.3d 719]In an action to recover damages for personal injuries, etc., the defendants James H. Tam and Daniel Tam appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Taylor, J.), entered August 18, 2009, as denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them, and the defendant Rochelle K. Osdoby separately appeals, as limited by her brief, from so much of the same order as denied her motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against her, and the defendant Charles L. Albert separately appeals, as limited by his brief, from so much of the same order as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.

ORDERED that the order is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing [84 A.D.3d 720]separate briefs, the motions are granted, the complaint and all cross claims are dismissed insofar as asserted against the appellants, and the action against the remaining defendants is severed.

On the evening of September 29, 2006, the defendant Frank C. Manginaro was driving a white van owned by the defendant Clarita Penaranda Langaman east on Union Turnpike in Nassau County when he fell asleep at the wheel. The defendant Rochelle K. Osdoby was also driving east on Union Turnpike when her vehicle was struck in the rear by a white van, which was later identified as the vehicle operated by Manginaro. According to Osdoby, the white van then sped off, and was involved in a second collision about 20 car lengths east of the location where she had been struck.

The drivers of the three other vehicles involved in the second collision all testified at their depositions that they had stopped for a red light on Union Turnpike near the entrance to a shopping mall just before their vehicles were struck in the rear. The defendant Daniel Tam, who was driving a vehicle owned by the defendant James H. Tam (hereinafter together the Tam defendants), testified at his deposition that he was stopped at the red light behind other cars when he saw a minivan approaching in his rear view mirror. A few seconds later, the Tam vehicle was struck in the rear, and Daniel Tam lost consciousness. Although Daniel Tam believed that his vehicle might have come into contact with another vehicle after it was struck...