Written by attorney Brian C. Pascale

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.

Additional resources provided by the author

If you found this helpful I would appreciate your clicking the "thumbs up" below. Legal Disclaimer: Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Free Q&A with lawyers in your area

Avvo personal injury email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer