Dominguez v. Algieri

• Decision Date: 24 August 2022
• Docket Number: 2020–07191,Index No. 618458/17
• Citation: 208 A.D.3d 753,173 N.Y.S.3d 329
• Parties: Omar DOMINGUEZ, appellant, v. Victoria L. ALGIERI, et al., respondents.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 753
173 N.Y.S.3d 329

Omar DOMINGUEZ, appellant,
v.
Victoria L. ALGIERI, et al., respondents.

2020–07191
Index No. 618458/17

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

Argued—April 29, 2022
August 24, 2022

173 N.Y.S.3d 330

Harmon, Linder & Rogowsky (Mitchell Dranow, Sea Cliff, NY, of counsel), for appellant.

Scahill Law Group, P.C., Bethpage, NY (Gerard Ferrara of counsel), for respondents.

BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, ROBERT J. MILLER, JOSEPH A. ZAYAS, JJ.

DECISION & ORDER

208 A.D.3d 754

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated August 26, 2020. The order granted the defendants’ motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff bicyclist allegedly sustained personal injuries when, as he was making a left turn from Horseblock Road onto Granny Road, his bicycle was struck by a motor vehicle owned by the defendant Victoria L. Algieri and operated by the defendant Steven Algieri (hereinafter Steven). Thereafter, the plaintiff commenced this action against the defendants to recover damages for personal injuries. The defendants moved for summary judgment dismissing the complaint. The Supreme Court granted the defendants’ motion. The plaintiff appeals.

"With few exceptions not relevant in this case, a person riding a bicycle on a roadway is entitled to all of the rights and bears all of the responsibilities of a driver of a motor vehicle" ( Palma v. Sherman, 55 A.D.3d 891, 891, 867 N.Y.S.2d 111 ; see Vehicle and Traffic Law § 1231 ). "In general, a motorist is required to keep a reasonably vigilant lookout for bicyclists, to sound the vehicle's horn when a reasonably prudent person would do so in order to warn a bicyclist of danger, and to operate the vehicle with reasonable care to avoid colliding with anyone on the road. A bicyclist is required to use reasonable care for his or her own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid placing himself or herself in a dangerous position" ( Palma v. Sherman, 55 A.D.3d at 891, 867 N.Y.S.2d 111 ; see Flores v. Rubenstein, 175 A.D.3d 1490, 1491, 109 N.Y.S.3d 390 ). "Each is required to obey the statutes governing traffic and is entitled to assume that the other also will do so" ( Palma v. Sherman, 55 A.D.3d at 891, 867 N.Y.S.2d 111 ).

"Pursuant to Vehicle and Traffic Law § 1141, [t] he...