Desouki v Keeler

Desouki v Keeler 2009 NY Slip Op 04183 [62 AD3d 934] May 26, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 1, 2009

Yasser Desouki, Appellant,
v
Joel P. Keeler et al., Respondents.

—[*1] Decolator, Cohen & DiPrisco, LLP, Garden City, N.Y. (Joseph L. Decolator of counsel), for appellant.

Robert P. Tusa (Sweetbaum & Sweetbaum, Lake Success, N.Y. [Marshall D. Sweetbaum], of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated April 14, 2008, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing that the plaintiff, who was riding his bicycle without operational brakes, proceeded into an intersection and failed to yield the right-of-way to the defendants' approaching motor vehicle (see Vehicle and Traffic Law § 1231; Trzepacz v Jara, 11 AD3d 531 [2004]). The conclusory and speculative findings set forth in the affidavit of the plaintiff's expert concerning the possible negligence of the defendant driver in failing to avoid the accident did not raise a triable issue of fact (see Trzepacz v Jara, 11 AD3d at 531). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. Prudenti, P.J., Miller, Eng and Belen, JJ., concur.