Fuertes v. City of N.Y.
| Decision Date | 25 January 2017 |
| Parties | Hugo FUERTES, appellant, v. CITY OF NEW YORK, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
146 A.D.3d 936
45 N.Y.S.3d 562
2017 N.Y. Slip Op. 00457
Hugo FUERTES, appellant,
v.
CITY OF NEW YORK, et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 25, 2017.
Block O'Toole & Murphy, LLP, New York, NY (Christina R. Mark of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Fay Ng and Ryan D. Budhu of counsel), for respondents.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, and HECTOR D. LaSALLE, JJ.
In an action to recover damages for personal injuries, the
plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), entered November 20, 2015, which denied his motion for summary judgment on the issue of liability.
ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is granted.
On November 16, 2013, the plaintiff was driving his vehicle westbound on 109th Avenue
in Queens when a sanitation truck traveling on 205th Street, driven by the defendant Darrell J. Lindo and owned by the defendant City of New York, collided with the plaintiff's vehicle at the intersection of 109th Avenue. At that intersection, traffic on 109th Avenue was not directed by any traffic control devices, but traffic on 205th Street was controlled by a stop sign.
The plaintiff commenced this action to recover damages for personal injuries. The plaintiff moved for summary judgment on the issue of liability, contending that Lindo's negligence was the sole proximate cause of the collision. The Supreme Court denied the motion. We reverse.
A driver who fails to yield the right-of-way after stopping at a stop sign controlling traffic is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law (see Crowe v. Hanley, 123 A.D.3d 755, 999 N.Y.S.2d 84 ; Luke v. McFadden, 119...
To continue reading
Request your trial
-
Donato v. Pasciuta
...2020 NY Slip Op 34749(U) Billy J. Donato, Plaintiff, v. Amadeo S. Pasciuta, Phyllis R. Pasciuta and V.F ... trial on any material issue of fact (Zuckerman v. City of ... New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595 [1980]. To ... defeat a motion for ... vehicle, thereby striking it (see Fuertes v. City of New ... York, 146 A.D.3d 936, 45 N.Y.S.3d 562 [2d Dept. 2017]; ... Hatton v ... ...
-
Fernandez v. Am. United Transp., Inc.
...is negligent as a matter of law" ( Hunt v. New York City Tr. Auth. , 166 A.D.3d 735, 736, 87 N.Y.S.3d 563 ; see Fuertes v. City of New York , 146 A.D.3d 936, 937, 45 N.Y.S.3d 562 ; Zuleta v. Quijada , 94 A.D.3d 876, 877, 943 N.Y.S.2d 111 ; Thompson v. Schmitt , 74 A.D.3d 789, 789, 902 N.Y.S......
-
Montague v. Maldonado
... 2020 NY Slip Op 34566(U) ALAN MONTAGUE, Plaintiff, v. ELMER MALDONADO, LIDER CONSTRUCTION CORP., MARK ... Law § 1142 (a) and is negligent as a matter of law" ... Fuertes v. City of New York , 146 A.D.3d 936, 937, 45 ... N.Y.S.3d 562 (N.Y.App.Div. 2017). See also ... ...
-
Balladares v. City of N.Y.
...1142(a) and is negligent as a matter of law" ( Laino v. Lucchese, 35 A.D.3d 672, 672, 827 N.Y.S.2d 249 ; see Fuertes v. City of New York, 146 A.D.3d 936, 937, 45 N.Y.S.3d 562 ; Francavilla v. Doyno, 96 A.D.3d 714, 715, 945 N.Y.S.2d 425 ). Further, the question of whether the driver stopped ......