| Singh v Thomas |
| 2014 NY Slip Op 00338 [113 AD3d 748] |
| January 22, 2014 |
| Appellate Division, Second Department |
| Karnail Singh, Appellant, v Duane Park Thomas,Jr., et al., Respondents. |
—[*1] Michael E. Pressman, New York, N.Y. (Thomas G. Connolly and Stuart B. Cholewaof counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from anorder of the Supreme Court, Queens County (Elliot, J.), entered May 9, 2013, whichdenied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff's vehicle was involved in an accident at the intersection of QueensBoulevard and Skillman Avenue in Queens, when it came into contact with atractor-trailer owned by the defendant Laubscher Cheese Co., Inc., and operated by thedefendant Duane Park Thomas, Jr. The plaintiff commenced this action against thedefendants to recover damages for personal injuries.
The plaintiff moved for summary judgment on the issue of liability. In support of hismotion, he submitted his own affidavit, in which he stated that the accident occurred ashe was traveling in the right lane of Queens Boulevard. He averred that the tractor-trailer,operated by Thomas, which had been traveling in the lane to his left, suddenly turnedright into the plaintiff's lane of travel without warning or signaling and without sufficienttime for the plaintiff to avoid the collision. The Supreme Court denied the plaintiff'smotion.
The plaintiff established his prima facie entitlement to judgment as a matter of lawon the issue of liability through his affidavit, which demonstrated that Thomas wasnegligent because he violated Vehicle and Traffic Law §§ 1128 (a) and1163, and that the plaintiff was free from comparative fault (see Qi Sheng Lu v World WideTravel of Greater N.Y., Ltd., 111 AD3d 690 [2013]; Matos v Salem Truck Leasing,105 AD3d 916 [2013]; Meng Wai Wang v Dailly News, L.P., 90 AD3d 624[2011]; Vainer v DiSalvo,79 AD3d 1023 [2010]).
In opposition, however, the defendants raised a triable issue of fact as to whether theplaintiff was trying to pass the tractor-trailer on the right side, and whether he contributedto the [*2]happening of the accident (see Vehicleand Traffic Law § 1123 [b]; Matos v Salem Truck Leasing, 105 AD3d at917; Francis v J.R. Bros.Corp., 98 AD3d 940 [2012]; Karash v Adetunji, 56 AD3d 726 [2008]).
Accordingly, the Supreme Court properly denied the plaintiff's motion for summaryjudgment on the issue of liability. Skelos, J.P., Lott, Cohen and Hinds-Radix, JJ., concur.