Oneill v. Moran

• Decision Date: 29 July 2019
• Docket Number: Index No. 17-606171,Mot. Seq. No. 004-UG
• Citation: 2019 NY Slip Op 34813 (U)
• Parties: THOMAS ONEILL, Plaintiff, v. MEAGHAN MORAN, SCOTT MORAN and JACKLYN YOUNG, Defendants.
• Court: New York Supreme Court

2019 NY Slip Op 34813(U)

THOMAS ONEILL, Plaintiff,
v.
MEAGHAN MORAN, SCOTT MORAN and JACKLYN YOUNG, Defendants.

Index No. 17-606171, Mot. Seq. No. 004-UG

Supreme Court, Suffolk County

July 29, 2019

Unpublished Opinion

MOTION DATE 4-30-19

ADJ. DATE 5-2-19

WOOSTER & WOOSTER, LLP Attorney for Plaintiff

LAW OFFICES OF JENNIFER S. ADAMS Attorney for Defendant

LAW OFFICES OF KAREN L. LAWRENCE Attorney for Defendants

PRESENT: Hon. JOSEPH FARNETI Acting Justice of the Supreme Court

HON. JOSEPH FARNETI, ACTING JUSTICE

Upon the following papers read oh this e-filed motion for summary judgment; (1) Notice of Motion/Order to Show Cause by defendant, Jacklyn Young dated April 2, 2019. and supportitie papers; (2) Affirmation in Opposition by plaintiff, dated April 18, 2019 and supporting papers; (3) Replying Affirmation by defendant, Jacklyn Young, dated May 1, 2019; (and after hearing counsels' oral arguments in support of and opposed to the motion); it is, ORDERED that the motion by defendant Jacklyn Young for an Order, pursuant to CPLR 3212, granting summary judgment dismissing the complaint and any cross claims asserted against her, is granted.

This is an action to recover damages for personal injuries allegedly sustained by plaintiff as a result of a motor vehicle accident that occurred on Route 111, near the intersection with East Walnut Street, in the Town of Islip on December 22, 2016. It is undisputed that there were three vehicles

1

involved in the accident. The accident allegedly occurred when a vehicle, operated by defendant Meaghan Moran ("Moran") and owned by defendant Scott Moran made a left turn and 'collided with the vehicle operated and owned by defendant Jacklyn Young ("Young"). The force of the impact allegedly propelled Young's vehicle into the opposing lane of travel, where it collided with a vehicle operated and owned by plaintiff

Young now moves for summary judgment dismissing the complaint and cross claims asserted against her, arguing that she is not negligent and that there is no triable issue of fact as to her liability for the accident. In support of her motion, Young submits, inter alia, copies of the pleadings and the parties' deposition testimony. Plaintiff opposes the motion with an affirmation from his attorney, inter alia, arguing that a triable issue exists as to whether Young was negligent in causing the accident.

At his deposition, plaintiff testified that prior to the accident he was traveling southbound on Route 111 for approximately one half mile on his way to Taco Bell. Plaintiff described Route 111 as having one lane in either direction with yellow double lines and no traffic control devices. He further stated that East Walnut Street was governed by a Stop sign at the intersection with Route 111. Plaintiff testified that as he approached the intersection with East Walnut Street, he, observed Young's headlights illuminating from the opposite lane of travel on Route 111, and that he observed Moran's vehicle headlights illuminating from the intersection of East Walnut: Street.: He testified that a split second later, he applied: his brakes, turned the steering wheel to the right and that Young's vehicle struck the front driver's side of his vehicle. Plaintiff testified that approximately two seconds later, Moran's vehicle struck the front end of his vehicle. He testified that he did not observe Moran's vehicle proceed through the stop sign without stopping at the intersection with Route 111 prior to the accident. Plaintiff testified that the first impact was heavy, and was followed by a second heavy impact that caused his vehicle to "bounce around" and move to the southbound side lane of travel on Route...