Doran v Wells

Doran v Wells 2012 NY Slip Op 08686 Decided on December 19, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
2012-01952
(Index No. 19380/08)

[*1]Arthur J. Doran III, et al., appellants,

v

Raymond Wells, respondent.




Tomkiel & Tomkiel, P.C., Scarsdale, N.Y. (Matthew Tomkiel of
counsel), for appellants.
Baxter, Smith & Shapiro, P.C., White Plains, N.Y. (Kimberley
A. Carpenter of counsel), for
respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered December 6, 2011, which denied their motion for summary judgment on the issue of liability.

ORDERED that the order is affirmed, with costs.

On their motion for summary judgment on the issue of liability, the plaintiffs established their prima facie entitlement to judgment as a matter of law by demonstrating that the injured plaintiff's vehicle was fully stopped at a red traffic light when it was struck in the rear by the defendant's vehicle (see Tutrani v County of Suffolk, 10 NY3d 906, 908; Pollard v Independent Beauty & Barber Supply Co., 94 AD3d 845, 845-846; Balducci v Velasquez, 92 AD3d 626, 628-629). However, in opposition, the defendant, who allegedly experienced a hypoglycemic attack immediately before the accident, raised a triable issue of fact as to whether he suffered a sudden and unforeseeable medical emergency that constituted a nonnegligent explanation for the accident (see Romero v Metropolitan Suburban Bus Auth., 25 AD3d 683, 684; Estate of Marone v Chaves, 306 AD2d 372, 373; Thomas v Hulslander, 233 AD2d 567, 568). Accordingly, the Supreme Court properly denied the plaintiffs' motion for summary judgment on the issue of liability.
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court