Galo v. Cunningham
| Decision Date | 15 May 2013 |
| Citation | 106 A.D.3d 865,2013 N.Y. Slip Op. 03452,965 N.Y.S.2d 571 |
| Parties | Danilo GALO, respondent, v. John M. CUNNINGHAM, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Russo, Apoznanski & Tambasco, Westbury, N.Y. (Susan J. Motola, Sonia Gassan, and Melissa Cicalo of counsel), for appellant.
Paul R. Pepper, LLC, Jericho, N.Y., for respondent.
RANDALL T. ENG, P.J., REINALDO E. RIVERA, DANIEL D. ANGIOLILLO, and RUTH C. BALKIN, JJ.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Galasso, J.), entered August 13, 2012, which denied his 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 granted.
The plaintiff testified at a deposition that, on the afternoon of April 8, 2008, he attempted to cross Fulton Avenue in Hempstead, a four-lane east-west avenue with parking lanes on either side, in the middle of the block, approximately 200 feet west of its intersection with Main Street. While he was standing in the parking lane on the south side of the avenue, the plaintiff first looked right, then left, then straight ahead. The plaintiff further testified at his deposition that he started to run across when the traffic in both eastbound lanes had just passed him by 20 feet, traveling away from him, and the traffic coming toward him in the westbound lanes was farther away, at a distance he could not calculate. The plaintiff crossed the two eastbound lanes and did not see the defendant's vehicle in the left westbound lane before it struck him. According to the defendant's deposition testimony, the defendant was traveling in the left westbound lane in fairly heavy traffic at about 15 to 20 miles per hour, having just started moving after stopping for a red light at the intersection of Fulton and Main. There was oncoming traffic in the eastbound lanes. The defendant further testified at his deposition that a large, white box truck in the eastbound lane closest to the defendant on the other side of the double yellow line was about to pass him, and the two vehicles were almost parallel with each other, when the plaintiff suddenly ran out from behind the truck into the defendant's lane of travel. The plaintiff was about half a car length away when the defendant first saw him. The defendant asserted that he immediately...
To continue reading
Request your trial
-
Tyberg v. City of N.Y.
...A.D.3d 715, 716, 84 N.Y.S.3d 260 ; Balliet v. North Amityville Fire Dept., 133 A.D.3d 559, 560, 19 N.Y.S.3d 77 ; Galo v. Cunningham, 106 A.D.3d 865, 866, 965 N.Y.S.2d 571 ; Rosa v. Scheiber, 89 A.D.3d 827, 828, 932 N.Y.S.2d 349 ). In opposition, the plaintiffs failed to raise a triable issu......
-
Kantor v. Alyeshmerni
... ... street at the intersection and emerging from between stopped ... vehicles]; Galo v Cunningham, 106 A.D.3d 865 [2d ... Dept 2013] [trial court reversed and summary judgment granted ... to appellant defendant on the ... ...
-
Balliet v. N. Amityville Fire Dep't
...was free from fault despite the plaintiff's allegation that she failed to avoid a collision with the plaintiff (see Galo v. Cunningham,106 A.D.3d 865, 866, 965 N.Y.S.2d 571; Rodriguez v. Catalano,96 A.D.3d 821, 822, 949 N.Y.S.2d 69; Rosa v. Scheiber,89 A.D.3d 827, 828, 932 N.Y.S.2d 349; Bra......
-
Voskoboinyk v. Trebisovsky
...of the accident (see Vehicle and Traffic Law § 1152 [a]; Goulet v. Anastasio, 148 A.D.3d 783, 48 N.Y.S.3d 731 ; Galo v. Cunningham, 106 A.D.3d 865, 866, 965 N.Y.S.2d 571 ).Accordingly, the Supreme Court should have denied the plaintiff's motion for summary judgment on the issue of ...