Tsyganash v. Auto Mall Fleet Mgmt., Inc.
| Decision Date | 25 July 2018 |
| Docket Number | 2017–03186,Index No. 506334/16 |
| Parties | Vyachesla TSYGANASH, appellant, v. AUTO MALL FLEET MANAGEMENT, INC., et al., respondents, et al., defendant. |
| Court | New York Supreme Court — Appellate Division |
163 A.D.3d 1033
83 N.Y.S.3d 74
Vyachesla TSYGANASH, appellant,
v.
AUTO MALL FLEET MANAGEMENT, INC., et al., respondents, et al., defendant.
2017–03186
Index No. 506334/16
Supreme Court, Appellate Division, Second Department, New York.
Argued—March 29, 2018
July 25, 2018
TallerGallet, LLC, Forest Hills, N.Y. (Regis A. Gallet of counsel), for appellant.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Kings County (Kathy J. King, J.), dated March 22, 2017. The order, insofar as appealed from, denied the plaintiff's motion for summary judgment on the issue of liability against the defendants Auto Mall Fleet Management, Inc., and Mordehai D. Edri.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability against the defendants Auto Mall Fleet Management, Inc., and Mordehai D. Edri is granted.
On January 17, 2016, the plaintiff was involved in a three-vehicle chain-reaction collision on Coney Island Avenue, near its intersection with Gerald Court, in Brooklyn. The plaintiff alleged that he was stopped in traffic when a vehicle owned by the defendant Auto Mall Fleet Management, Inc. (hereinafter Auto Mall), and operated by the defendant Mordehai D. Edri, struck the rear of a vehicle owned by the defendant CCAP Auto Lease Ltd. (hereinafter CCAP) and operated by the defendant Yisrael Rosenthal, propelling that stopped vehicle into the rear of the plaintiff's stopped vehicle. The plaintiff commenced this action to recover damages for personal injuries, alleging negligence. After joinder of issue, but prior to the completion of discovery, the plaintiff moved for summary judgment on the issue of liability against Auto Mall and Edri. The Supreme Court, among other things, denied the plaintiff's motion.
A plaintiff in a negligence action moving for summary judgment on the issue of...
To continue reading
Request your trial
-
Arrospide v. Murphy
... ... issue of fact (see Friends of Animals, Inc. v. Associated ... Fur Mfrs., 46 N.Y.2d 1065, ... v. Ari Fleet, LT, 143 A.D.3d 975,39 N.Y.S.3d 512 [2d ... Dept. 2018]; Tsyganash v. Auto Mall Fleet Mgt., ... Inc., 163 A.D.3d ... ...
-
Donato v. Pasciuta
...plaintiff and that the defendant's negligence was a proximate cause of the alleged injuries" (Tsyganash v. Auto Mall Fleet Mgmt., Inc., 163 A.D.3d 1033, 83 N.Y.S.3d 74 [2d Dept. 2018]). A violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se (L......
-
Testa v. Lorefice
...plaintiff and that the defendant's negligence was a proximate cause of the alleged injuries" (Tsyganash v. Auto Mall Fleet Mgmt, Inc., 163 A.D.3d 1033, 83 N.Y.S.3d 74 [2d Dept. 2018]). A violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se (Le......
-
Testa v. Lorefice
...plaintiff and that the defendant's negligence was a proximate cause of the alleged injuries" (Tsyganash v. Auto Mall Fleet Mgmt, Inc., 163 A.D.3d 1033, 83 N.Y.S.3d 74 [2d Dept. 2018]). A violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se (Le......