Hanson v Younis

[*1] Hanson v Younis 2005 NY Slip Op 51214(U) Decided on July 29, 2005 Supreme Court, Kings County Kramer, J. 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 29, 2005
Supreme Court, Kings County

Charles Hanson, Plaintiff,

against

Musa M. Younis and Gold Star Limo Corp., Defendants.



27285/04

Herbert Kramer, J.

Plaintiff was riding his bicycle in the lane adjacent to the parked automobiles when, according to plaintiff, the defendant suddenly pulled out of a parking space at a sharp angle knocking him down. Defendant, who had pulled up to the curb to drop off a passenger, claimed that he remained in the parking spot for about five minutes and then looked behind him, noticed that the traffic light behind him was red ascertained that there was no traffic and after an interval of some ten seconds pulled out.

Plaintiff seeks partial summary judgment as to liability. Plaintiff argues that the defendant's violation of VTL §1128(a) which mandates safe lane changing procedures makes out a prima facie showing of negligence. This Court agrees. Jacino v. Sugerman, 10 AD3d 593 (2nd Dept. 2004). The defendant has failed to rebut that showing by submitting evidence sufficient to make out a triable issue of fact as to his liability, Calandra v. Dishotsky, 244 AD2d 376(2d Dept. 1997), since "under either version of the facts presented . . . [plaintiff] had the right of way and was entitled to anticipate that [defendant] would obey traffic laws which required [him] to [proceed with caution]."Jacino, supra.

The plaintiff's motion for partial summary judgment as to liability is granted. The parties are to proceed to trial on the question of damages.

This constitutes the decision and order of the Court.

J.S.C.