New York Law Permits Summary Judgment to Plaintiffs Injured by Defendant's Left Turn
In the recent Second Department Decision in Heath v. Liberato, 2011 NY Slip Op 01803, the Court upheld Justice Schack's decision from Kings County which granted Plaintiff's motion for summary judgment on liability due to Defendant's making a left turn in front of his vehicle's path; a violation of New York Vehicle & Traffic Law § 1141. The Plaintiff moved for summary judgment and submitted an affidavit which established that he was lawfully proceeding into the intersection with a green light in his favor when the Defendant made a left turn into the intersection. In opposition the Defendant admitted in an affidavit that he never saw the Plaintiff’s vehicle, as he believed the intersection was “clear" before he made his left turn at the green light.
The lower Court granted Plaintiff summary judgment on this basis. The Appellate Division affirmed the decision on appeal holding that the Defendant failed to raise a triable issue of fact; merely raising “feigned" issues of fact which are insufficient to defeat a motion for summary judgment. The Court further held that Defendant failed to demonstrate that further discovery was warranted. If you would like to further discuss this contact a New York car accident lawyer at any time.