| Miller v Keegan |
| 2009 NY Slip Op 08194 [67 AD3d 754] |
| November 10, 2009 |
| Appellate Division, Second Department |
| Elizabeth Miller et al., Respondents, v Sean F. Keegan etal., Respondents, and Janice Talento et al., Appellants. |
—[*1] Daniel P. Buttafuoco & Associates, PLLC, Woodbury, N.Y. (Ellen Buchholz of counsel), forplaintiffs-respondents. Abamont & Associates (Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger,Uniondale, N.Y. [Gregory A. Cascino] of counsel), for defendants-respondents Sean F. Keeganand Richard T. Keegan. Chesney & Murphy, LLP, Baldwin, N.Y. (John F. Janowski of counsel), fordefendant-respondent Nancy Hamilton. Galvano & Xanthakis, P.C., New York, N.Y. (Craig A. Lamster and Matthew Kelly ofcounsel), for defendant-respondent V.A.U.L. Trust.
In an action to recover damages for personal injuries, etc., the defendants Janice Talento,D.L. Peterson Trust, PHH Vehicle Management Services, LLC, and PHH Fleet AmericaCorporation appeal, as limited by their brief, from so much of an order of the Supreme Court,Suffolk County (Spinner, J.), dated March 20, 2008, as denied their motion for summaryjudgment dismissing the complaint and all cross claims insofar as asserted against them.
Ordered that the order is reversed insofar as appealed from, on the law, with one [*2]bill of costs payable by the respondents appearing separately andfiling separate briefs, and the appellants' motion for summary judgment dismissing the complaintand all cross claims insofar as asserted against them is granted.
The plaintiff Elizabeth Miller, a passenger in a vehicle driven by the defendant JaniceTalento, allegedly sustained personal injuries as a result of a two-car accident on JerichoTurnpike in Huntington. After Talento stopped at a red light, she made a right turn from a sidestreet into the right lane of Jericho Turnpike, and moved into the left lane, where she proceededfor approximately 100 or 200 feet before her vehicle was struck by a vehicle driven by thedefendant Sean Keegan. According to Keegan, after Talento's vehicle turned onto JerichoTurnpike and moved into the left lane, another vehicle, allegedly driven by the defendant NancyHamilton, also made a right turn onto Jericho Turnpike, cutting him off and causing him toswerve into the left lane where he struck Talento's vehicle.
The Supreme Court erred in denying the motion of the defendants Talento, D.L. PetersonTrust, PHH Vehicle Management Services, LLC, and PHH Fleet America Corporation(hereinafter collectively the appellants) for summary judgment dismissing the complaint and allcross claims insofar as asserted against them. The appellants established their prima facieentitlement to judgment as a matter of law by demonstrating that Talento's conduct of making aright turn on a red light and moving into the left lane was not a proximate cause of the accident(see Yusupov v Supreme Carrier Corp., 240 AD2d 660 [1997]; DiPaolo v Buono,235 AD2d 386, 387 [1997]; Moller v Lieber, 156 AD2d 434, 435 [1989]). On thisrecord, Talento acted reasonably under the circumstances in maintaining her speed and trying tohold her lane, rather than stopping suddenly (see Rivera v New York City Tr. Auth., 77NY2d 322, 327 [1991]; Vitale v Levine,44 AD3d 935, 936 [2007]; Gajjar v Shah, 31 AD3d 377, 377-378 [2006]; Alexiou v Ales,283 AD2d 380, 381 [2001]; see also Wilson v Certain Cab Corp., 303 AD2d 252,253 [2003]). In opposition, the respondents failed to raise a triable issue of fact (seeZuckerman v City of New York, 49 NY2d 557, 562 [1980]; Vitale v Levine, 44AD3d at 936).
The respondents' remaining contentions are not properly before this Court. Dillon, J.P.,Florio, Belen and Roman, JJ., concur. [See 2008 NY Slip Op 30897(U).]