Esen v. Narian
| Decision Date | 01 November 2017 |
| Docket Number | 2016-10441, Index No. 20146/12. |
| Parties | Metin G. ESEN, et al., Respondents, v. Naavendra NARIAN, et al., Defendants, Trans Express, Inc., Appellant. |
| Court | New York Supreme Court — Appellate Division |
155 A.D.3d 612
63 N.Y.S.3d 493
Metin G. ESEN, et al., Respondents,
v.
Naavendra NARIAN, et al., Defendants,
Trans Express, Inc., Appellant.
2016-10441, Index No. 20146/12.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 1, 2017.
Gallo Vitucci Klar, LLP, New York, NY (Kimberly A. Ricciardi of counsel), for appellant.
John L. Juliano, P.C., East Northport, NY, for respondents.
WILLIAM F. MASTRO, J.P., SANDRA L. SGROI, JEFFREY A. COHEN, and JOSEPH J. MALTESE, JJ.
In an action to recover damages for personal injuries, etc., the defendant Trans Express, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Livote, J.), entered August 31, 2016, as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Trans Express, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.
The plaintiff Metin G. Esen (hereinafter the plaintiff) allegedly sustained personal injuries in the parking area of a casino when he was struck by a car as he attempted to cross a street near a marked pedestrian crosswalk. The plaintiff, and his wife suing derivatively, commenced this action against several defendants, including the operator of the car that struck him, Naavendra Narian, and Trans Express, Inc. (hereinafter Trans Express), which owned a shuttle bus that was operating at the scene of the accident.
The street where the accident occurred had two lanes in each direction, separated by a median in the middle. The
crosswalk was marked with white lines, large stop signs, and pedestrian crossing signs. As the plaintiff approached the crosswalk to cross the street, a shuttle bus owned by Trans Express came to a full stop in front of the crosswalk in the right lane. The plaintiff testified at his deposition that the driver of the bus "waved" him on, and he quickened his pace as he crossed in front of the stopped bus and into the left lane. As the plaintiff proceeded into the left lane, he was struck by a car operated by Narian, which did not slow down or stop for the stop sign governing the crosswalk. Narian failed to appear or answer in this action. Trans Express moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. The Supreme Court denied the motion. Trans Express appeals.
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