Sobin v. Tylutki
| Decision Date | 24 February 2009 |
| Docket Number | 2007-06559.,2008-02039. |
| Citation | 873 N.Y.S.2d 743,2009 NY Slip Op 01465,59 A.D.3d 701 |
| Parties | JESSICA A. SOBIN, Appellant, v. RAFAL TYLUTKI et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the respondents Rafal Tylutki and Dariusz Lipinski.
This action arises from a chain-reaction motor vehicle accident which occurred on March 21, 2005 on Eliot Avenue, near its intersection with 74th Street in Queens. A motor vehicle operated by the defendant Rafal Tylutki and owned by the defendant Dariusz Lipinski struck the rear of a vehicle operated by the defendant Allen Luna, propelling it into a vehicle operated by the defendant Frederick Vennera, which, in turn, was propelled into a motor vehicle operated by the plaintiff. According to Luna's undisputed testimony, he had been stopped at a red light at the intersection of Eliot Avenue and 74th Street for approximately 45 seconds when the impact to his car occurred.
The evidence which Luna submitted in support of his motion for summary judgment dismissing the complaint insofar as asserted against him established, prima facie, that he was not liable for the impact to the plaintiff's motor vehicle (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Arias v Rosario, 52 AD3d 551 [2008]). In opposition, the plaintiff failed to raise a...
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