Powell v Javier

[*1] Powell v Javier 2009 NY Slip Op 51698(U) [24 Misc 3d 141(A)] Decided on August 4, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on August 4, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570535/08.

Sonia Powell, Plaintiff-Respondent,

against

Marino Javier and Roberto Rojas, Defendants-Respondents, and Hubert Griffiths, Defendant-Appellant. Hubert Griffiths, Plaintiff, Marino Javier and Roberto Rojas, Defendants.

Defendant Hubert Griffiths appeals from an order of the Civil Court, Bronx County (Raul Cruz, J.), entered May 15, 2008, which denied his motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Raul Cruz, J.), entered May 15, 2008, reversed, with $10 costs, defendant Griffiths' motion for summary judgment granted and the complaint dismissed as against him. The Clerk is directed to enter judgment accordingly.
Defendant Griffiths demonstrated his entitlement to summary judgment as a matter of law by establishing that the co-defendants' vehicle made an abrupt turn directly into the path of Griffiths' vehicle, as Griffiths legally proceeded into the intersection with the right of way (see Vehicle and Traffic Law § 1141; Rieman v Smith, 302 AD2d 510 [2003]). In opposition, plaintiff's conclusory assertions concerning Griffiths' speed and possible negligence were unsupported by any competent evidence and were insufficient to raise a triable issue (see Held v [*2]McMillan, 45 AD3d 805 [2007]). The unsworn, self-serving statements in the police report made by co-defendant Javier were insufficient as a matter of law to raise an issue of fact (see Bates v Yasin, 13 AD3d 474 [2004]; Rue v Stokes, 191 AD2d 245 [1993]), particularly where co-defendants have been precluded from testifying at trial.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 04, 2009