Valiando v. Catalfamo, 521195.
| Decision Date | 14 April 2016 |
| Docket Number | 521195. |
| Citation | 29 N.Y.S.3d 685,138 A.D.3d 1271,2016 N.Y. Slip Op. 02882 |
| Parties | Patrick J. VALIANDO et al., Appellants, v. Michelle M. CATALFAMO et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
138 A.D.3d 1271
29 N.Y.S.3d 685
2016 N.Y. Slip Op. 02882
Patrick J. VALIANDO et al., Appellants,
v.
Michelle M. CATALFAMO et al., Respondents.
521195.
Supreme Court, Appellate Division, Third Department, New York.
April 14, 2016.
Jacobowitz and Gubits, LLP, Walden (Kara J. Cavallo of counsel), for appellants.
Alan B. Brill, P.C., Suffern (Lynn Beesecker, Cornwall, of counsel), for respondents.
Before: McCARTHY, J.P., EGAN JR., ROSE and LYNCH, JJ.
LYNCH, J.
Appeals (1) from an order of the Supreme Court (Work, J.), entered September 17, 2014 in Ulster County, which, among other things, denied plaintiffs' motion for summary judgment on the issue of liability, and (2) from a corrected order of said court, entered May 22, 2015 in Ulster County, which, among other things, denied plaintiffs' motion to renew.
Plaintiff Patrick J. Valiando and his spouse, derivatively, commenced this action seeking damages for injuries he sustained when his vehicle—a dump truck towing a flatbed trailer carrying a shed—collided with the vehicle driven by defendant Michelle M. Catalfamo at the intersection of Plains Road and State Route 300 in the Town of Shawangunk, Ulster County. Immediately prior to the collision, Valiando was traveling westbound on State Route 300; Catalfamo was traveling southbound on Plains Road. Travel was controlled by a flashing yellow light on State Route 300 and by a flashing red light on Plains Road. Following joinder of issue, plaintiffs moved for summary judgment on the issue of liability. Supreme Court agreed with defendants that there were issues of fact with regard to Valiando's comparative negligence and denied plaintiffs'
motion for summary judgement. Plaintiffs filed a motion to renew or reargue pursuant to CPLR 2221(d) and (e), and, in response, Supreme Court issued a corrected decision and order, but did not change its determination. Plaintiffs now appeal.
As the driver approaching an intersection controlled by a flashing yellow light, Valiando was obligated to proceed through the intersection with caution (see Vehicle and Traffic Law § 1113[b] ; Rabenstein v. Suffolk County Dept. of Pub. Works, 131 A.D.3d 1145, 1145–1146, 16 N.Y.S.3d 334 [2015] ; Colaruotolo v. Crowley, 290 A.D.2d 863, 864, 736 N.Y.S.2d 525 [2002] ). Valiando testified at his examination before trial that he was driving approximately 35 miles per hour down a hill on State Route 300 towards the intersection with Plains Road. As he approached the intersection, he looked to both the right and the left, but did not see any vehicles until he saw Catalfamo's vehicle in the intersection a “half a second” prior to the collision. Catalfamo testified that she stopped before entering the intersection but did not see Valiando's vehicle until she was in the intersection and it was just a few feet away from her. As it is not disputed that Catalfamo was obligated to stop before proceeding into the intersection and to
yield the right-of-way to Valiando (see Vehicle and Traffic Law § 1113[a] ; Rabenstein v. Suffolk County Dept. of Pub. Works, 131 A.D.3d...
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