Gonzalez v. City of New Rochelle

• Citation: 132 A.D.3d 724,18 N.Y.S.3d 98,2015 N.Y. Slip Op. 07471
• Decision Date: 14 October 2015
• Docket Number: 2015-02048, Index No. 54031/14.
• Parties: Florencio Pascual GONZALEZ, appellant, v. CITY OF NEW ROCHELLE, et al., respondents.
• Court: New York Supreme Court Appellate Division

132 A.D.3d 724
18 N.Y.S.3d 98
2015 N.Y. Slip Op. 07471

Florencio Pascual GONZALEZ, appellant
v.
CITY OF NEW ROCHELLE, et al., respondents.

2015-02048, Index No. 54031/14.

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

Oct. 14, 2015.

18 N.Y.S.3d 99

Subin Associates, LLP, New York, N.Y. (Robert J. Eisen of counsel), for appellant.

Mark W. Blanchard, Corporation Counsel, New Rochelle, N.Y. (Brian J. Powers of counsel), for respondents.

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, L. PRISCILLA HALL, and SYLVIA O. HINDS–RADIX, JJ.

Opinion

132 A.D.3d 724

In an action to

132 A.D.3d 725

recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Connolly, J.), dated December 2, 2014, which denied his motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed, with costs.

The plaintiff was involved in an accident while riding a bicycle near the intersection of Main Street and Stephenson Boulevard in New Rochelle, when the bicycle collided with a truck owned by the defendant City of New Rochelle and operated by the defendant Lino Giannotti, Jr.

The plaintiff commenced this action against the defendants to recover damages for personal injuries. The plaintiff thereafter moved for summary judgment on the issue of liability. In support of his motion, the plaintiff submitted his own affidavit, in which he stated that the accident occurred as he was riding his bicycle in the eastbound right lane of Main Street. According to the plaintiff, the defendants' truck was traveling directly behind him in the right lane, sped past him, and suddenly and without warning made a right turn in front of him, making it impossible to avoid the collision. The Supreme Court denied the motion. The plaintiff appeals.

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