Summers v Teddy Cab Corp.

2008 NY Slip Op 02993 [50 AD3d 671]

April 1, 2008

Appellate Division, Second Department

As corrected through Wednesday, June 18, 2008

James Summers, Respondent, v Teddy Cab Corp. et al.,Appellants.

—[*1]Nancy L. Isserlis, Long Island City, N.Y. (Lawrence R. Miles of counsel), for appellants.

Keith DeVries, New York, N.Y., for respondent.

In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Kramer, J.), dated July 12, 2007, which granted the plaintiff'smotion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment, the plaintiff made a prima facie showing ofnegligence on the part of the defendant Siddiqi Mohammed Hansoti based on Hansoti'sdeposition testimony that he moved his taxicab into the plaintiff's traffic lane without firstascertaining that he could do so with safety, and collided with the plaintiff's motorcycle(see Vehicle and Traffic Law § 1128 [a]; Shuman v Maller, 45 AD3d 566, 567 [2007]; White v Gooding, 21 AD3d 485[2005]; Neryaev v Solon, 6 AD3d510 [2004]; Calandra v Dishotsky, 244 AD2d 376, 377 [1997]). In opposition, thedefendants failed to raise a triable issue of fact as to the comparative negligence of the plaintiff(see Shuman v Maller, 45 AD3d at 567; McCain v Larosa, 41 AD3d 792 [2007]; Bongiovi v Hoffman, 18 AD3d686, 687 [2005]). Accordingly, the plaintiff's motion for summary judgment on the issue ofliability was properly granted. Spolzino, J.P., Ritter, Dillon, Balkin and Leventhal, JJ., concur.