Exime v. Williams, 45 A.D.3d 633 (N.Y. App. Div. 2d Dep't 2007). · Go Syfert
Exime v. Williams, 45 A.D.3d 633 (N.Y. App. Div. 2d Dep't 2007). Cases Citing This Book View Copy Cite
51 citation events (51 in the last 25 years) across 1 distinct court.
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At page 634 Establishing prima facie negligence by failing to yield right-of-way16 citing casesThe defendant established his prima facie entitlement to judgment as a matter of law by submitting evidence indicating that the plaintiff Joseph Y. Exime,…opening of page *634 (no citing court says what it cites this page for) · 12 listed here
  • Mercado v. Horn, 156 A.D.3d 616 (N.Y. App. Div. 2d Dep't 2017).published
    Here, the defendants established their entitlement to judgment as a matter of law by demonstrating, prima facie, that the plaintiff failed to see what was there to be seen and failed to yield the right-of-way (see Vehicle and Traffic Law §…
  • Wolf v. Cruickshank, 144 A.D.3d 1144 (N.Y. App. Div. 2d Dep't 2016).published
    Contrary to the plaintiffs’ contention, the affidavit of their expert was insufficient to raise a triable issue of fact, as it was conclusory, speculative, and unsupported by the record (see Harris v Linares, 106 AD3d 873, 874 [2013]; Exim…
  • Lilaj v. Ferentinos, 126 A.D.3d 947 (N.Y. App. Div. 2d Dep't 2015).published
    Although the defendant testified at his deposition that he came to a stop at the stop sign before proceeding into the intersection, the question of whether the defendant stopped at the stop sign is not dis-positive, since the evidence esta…
  • Harris v. Linares, 106 A.D.3d 873 (N.Y. App. Div. 2d Dep't 2013).published 4 cites
    The evidence submitted by the defendant in support of his motion established, prima facie, that the plaintiff failed to properly observe and yield to cross traffic before proceeding into the intersection (see Briggs v Russo, 98 AD3d 547 [2…
  • Amalfitano v. Rocco, 100 A.D.3d 939 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    Although the defendant stated in his affidavit that he came to a stop at the stop sign before proceeding into the intersection, the question of whether the defendant stopped at the stop sign is not dispositive, since the evidence establish…
  • Briggs v. Russo, 98 A.D.3d 547 (N.Y. App. Div. 2d Dep't 2012).published 4 cites
    The evidence submitted by the defendant in support of her motion established, prima facie, that the plaintiff failed to properly observe and yield to cross traffic before proceeding into the intersection (see Mohammad v Ning, 72 AD3d 913,…
  • Francavilla v. Doyno, 96 A.D.3d 714 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    The defendants’ contention that the plaintiff may have been negligent in the operation of her vehicle is unsupported by the record and is based upon mere speculation (see Exime v Williams, 45 AD3d 633, 634 [2007]; Bongiovi v Hoffman, 18 AD…
  • Duran v. Simon, 83 A.D.3d 654 (N.Y. App. Div. 2d Dep't 2011).published
    Their contention that the appellant was negligent in the operation of his vehicle is unsupported by the record and based upon speculation (s ee Exime v Williams, 45 AD3d 633, 634 [2007]; Platt v Wolman, 29 AD3d 663, 663 [2006]; McNamara v…
  • Mohammad v. Yueha Ning, 72 A.D.3d 913 (N.Y. App. Div. 2d Dep't 2010).published 2 cites
    The evidence submitted in support of the motion established that the defendant failed to properly observe and yield to cross traffic before proceeding into the intersection (see Exime v Williams, 45 AD3d 633, 634 [2007]; Hull v Spagnoli, 4…
  • Stanford v. Dushey, 71 A.D.3d 988 (N.Y. App. Div. 2d Dep't 2010).published
    Since the defendant driver admitted in her affidavit that she did not see the plaintiffs vehicle prior to the collision, the defendants’ contention that the plaintiff may have been speeding or may have been negligent in failing to take eva…
Show 2 more citing cases
  • Jaramillo v. Torres, 60 A.D.3d 734 (N.Y. App. Div. 2d Dep't 2009).published
    Corp., 50 AD3d 650, 651 [2008]; Exime v Williams, 45 AD3d 633, 634 [2007]; Gergis v Miccio, 39 AD3d 468, 468-469 [2007]).
  • McFadden v. Vill. of Ossining, 48 A.D.3d 761 (N.Y. App. Div. 2d Dep't 2008).published
    The affidavit submitted by the plaintiffs’ engineering expert in opposition to the motion, concluding that the foregoing sign, which preceded the site of the accident, tended to confuse both pedestrians and drivers was speculative, conclus…
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Joseph Y. Exime
v.
Royston Williams
Appellate Division of the Supreme Court of the State of New York.
Nov 13, 2007.
Published opinion
45 A.D.3d 633
Cited by 36 opinions  |  Published

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Bunyan J.), dated September 6, 2006, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion for summary judgment dismissing the complaint is granted.

“A driver who fails to yield the right-of-way after stopping at a stop sign controlling traffic is in violation of Vehicle and Traffic Law § 1142 (a) and is negligent as a matter of law” (Gergis v Miccio, 39 AD3d 468, 468 [2007]; see Friedberg v Citiwide Auto Leasing, Inc., 22 AD3d 522, 523 [2005]; see also Perez v Paljevic, 31 AD3d 520 [2006]). However, there can be more than one proximate cause of an accident (see Cox v Nunez, 23 AD3d 427 [2005]). Evidence that one driver “ran” a stop sign does not preclude a finding that comparative negligence on the part of the other driver contributed to the accident (see Cox v Nunez, 23 AD3d at 427). Thus, “[u]nder the doctrine of comparative negligence, ‘a driver who lawfully enters an intersection . . . may still be found partially at fault for an accident if he or she fails to use reasonable care to avoid a collision with another vehicle in the intersection’ ” (Romano v 202 Corp., 305 AD2d 576, 577 [2003], quoting Siegel v Sweeney, 266 AD2d 200, 202 [1999]; see Cox v Nunez, 23 AD3d at 427).

[*634] The defendant established his prima facie entitlement to judgment as a matter of law by submitting evidence indicating that the plaintiff Joseph Y. Exime, while operating a motor vehicle, failed to yield the right-of-way upon entering an intersection in violation of Vehicle and Traffic Law § 1142 (a), and thus that he was negligent as a matter of law (see McCain v Larosa, 41 AD3d 792, 793 [2007]; Gergis v Miccio, 39 AD3d at 468-469; Laino v Lucchese, 35 AD3d 672, 673 [2006]; McNamara v Fishkowitz, 18 AD3d 721, 721-722 [2005]; Meliarenne v Prisco, 9 AD3d 353, 354 [2004]). The defendant was entitled to assume that Exime would obey the traffic laws requiring him to yield (see McCain v Larosa, 41 AD3d at 793). The question of whether Exime actually stopped at the stop sign before entering the intersection, as he was required to do, is not dispositive, as the evidence indicated that, whether or not he stopped at the stop sign, he failed to yield to a vehicle with the right-of-way (see McCain v Larosa, 41 AD3d at 793).

In opposition to the defendant’s motion, the plaintiffs contended that the defendant’s vehicle was traveling at an excessive rate of speed as it entered the intersection. However, these assertions, insofar as raised in Exime’s affidavit, were speculative, as Exime testified at his deposition that he never saw the defendant’s vehicle prior to the collision. The affidavit of the plaintiffs’ expert to this effect was speculative, conclusory, and insufficient to raise an issue of fact so as to defeat the defendant’s motion for summary judgment (see McCain v Larosa, 41 AD3d at 793; Youthkins v Cascio, 298 AD2d 386, 387 [2002], affd 99 NY2d 638 [2003]; Terwilliger v Dawes, 204 AD2d 433, 433-434 [1994]; cf. Gergis v Miccio, 39 AD3d at 469; Laino v Lucchese, 35 AD3d at 673; McNamara v Fishkowitz, 18 AD3d at 721-722; Trzepacz v Jara, 11 AD3d 531 [2004]; Meliarenne v Prisco, 9 AD3d at 354; Mora v Garcia, 3 AD3d 478, 479 [2004]; Meretskaya v Logozzo, 2 AD3d 599, 600 [2003]). Accordingly, as the plaintiff failed to raise a triable issue of fact, the Supreme Court should have granted the defendant’s motion for summary judgment dismissing the complaint. Spolzino, J.P., Krausman, Carni and Dickerson, JJ., concur.