| Montesinos v Cote |
| 2007 NY Slip Op 10118 [46 AD3d 774] |
| December 18, 2007 |
| Appellate Division, Second Department |
| Lisa Montesinos et al., Appellants, v Alan D. Cote, Jr., etal., Respondents. (And Another Title.) |
—[*1] Billig Law, P.C., New York, N.Y. (Suzanne M. Billig of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from ajudgment of the Supreme Court, Westchester County (Murphy, J.), entered July 28, 2006, which,upon an order of the same court entered May 9, 2006, granting the defendants' motion forsummary judgment dismissing the complaint, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
The plaintiff Lisa Montesinos (hereinafter the injured plaintiff), allegedly sustained seriousinjuries when she attempted to exit her vehicle and the driver's door of her car made contact withthe trailer portion of a tractor-trailer owned by the defendant R & L Transfer and operated by thedefendant Alan D. Cote, Jr. (hereinafter the defendants).
The evidence which the defendants submitted in support of their motion for summaryjudgment established their prima facie entitlement to judgment as a matter of law (seeAlvarez v Prospect Hosp., 68 NY2d 320 [1986]). The evidence established that the injuredplaintiff violated Vehicle and Traffic Law § 1214 by opening the door on the side of hercar adjacent to moving traffic when it was not reasonably safe to do so, and was negligent infailing to see what, by the reasonable use of her senses, she should have seen (see Williams v Persaud, 19 AD3d686 [2005]). The evidence which the plaintiffs submitted in opposition to the motion failedto raise a triable issue of fact (see CPLR 3212 [b]). Miller, J.P., Crane, Dillon and Balkin,JJ., concur.