Antonelli v Loritz

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Antonelli v Loritz 2018 NY Slip Op 34152(U) November 2, 2018 Supreme Court, Orange County Docket Number: Index No. EF005349-2018 Judge: Catherine M. Bartlett Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] ORANGE COUNTY CLERK 12/06/2018 10:38 AM NYSCEF DOC. NO. 22 INDEX NO. EF005349-2018 RECEIVED NYSCEF: 12/06/2018 -, --, ---- t-lYSCEF DOC. NO. lB --:, RECEIVED NYSCEF: 11/02/201B SUPREME COURT-STATE OFNBW YORK !AS PART-ORANGE COUNTY Present: HON, CATHERINE M. BARTLETI', AJ ,S,C, SUPREME COURT OF nm STATE OF NEW YORK COUNTY OF ORANGE -----------------JOHN ANTONBLL4 JR., ----'X To commence the statutory time perlod for appeals as of right Plaintiff, (CPLR S513 [a]), you aro -against- advised to serve a copy of this order, with notice ofentry, upon all parties. PETER J, LORITZ, Index No.EF005349-2018 Motion Date: October 31, 2018 Defendants• ........__...___...______________,_________x The following papers numbered 1 to 3 were read on Plaintiff's unopposed motion for partial summary judgment on the issue of liability: Notice of Motion -A:ffinnation /Exhibits -Affidavit •••.•..••...••..•.••.••.•••••.• 1-3 Upon the foregoing papers it is ORDBRED that the motion is disposed of as follows: This is a personal injmy action stemming from a two-car accident which occurred on November 8, 2017 on Tuckers Corners Road in the Town of Plattekill, New York. Plaintiff John Antonelli, Jr. was operating a vehicle traveling westbound on Tuckers Cornets Road. Defendant Petet J. Loritz was operatlng,a vehicle traveling eastbowtd when be crossed over a double yellow line into the westbound lane of traffic and collided with PlaintiWs vehicle. Plaintiff now moves for partial summaxy judgment on the issue ofliability. !d In Orange County 11102/2018 09:51:55 AM $0.00 JBkD!f15D Pg: 1837 4 of 8 Index:# EF005349-2018 Clerk: DK [*FILED: 2] ORANGE COUNTY CLERK 12/06/2018 10:38 AM NYSCEF DOC. NO. 22 INDEX NO. EF005349-2018 RECEIVED NYSCEF: 12/06/2018 . I - .NYSCEF DOC. NO, lB RECEIVED NYSCEF: 11/02/2018 By violating Vehicle and Traffic Law §1120(a), which provides that "vehicle[sI shall be driven upon the right half of the roadway," Mr. Lorifz was negligent per se unless justified by an emergency·sltuation not of the drivers O\Vll making. See, Foster v. Sanchez, 17 AD3d 312. 313 (2d Dept 2005); Mar.steam, v. Dealer Slor. Corp., 8 AD3d 451~ 452 (2d Dept 2004); Gadon v. O/fva, 294 AD2d 397, 397-398 (2d Dept 2002). See also, Cqffefl v. BJY Materials, Inc., 11 AD3d 649 (2d Dept. 2004)i Arrowltz v. Arrowitz, 279 AD2d 440 (2d Dept. 2001). Moreover, "[a] driver is not obligated to anticipate that a vehicle: traveling in the opposite, direction· will cross over into 1be oncomiog Jane oftraffic." Mirrscli v. Catanzaro, 40 AD3d 941, 942 (2d Dept. 2007). Thus, Plaintiff established his prima facle entitlement to judgment as a. matter oflaw ·by submitting evidence showing that Defendant crossed over a double yellow line into the opposing lane of traffic, thereby causing the collision. See, Snemyr 11. Morales-Aparicio, 47 AD3d 702 {2d Dept 2008); Marslcano ,~ Dealer Stor. Corp., supra, 8 AD3d at 452; Browne v. Castillo, 28 8 AD2d 415 (2d Dept 2001). Defendant, having failed to come forward with any nonnegligent explanation for the collision, has failed to rebut the inference of negligence arising ftom bis crossing over into Plaintiff's lane of travel See, Cqffery 'V, JJJY Materlafs, Inc,, supra; Amwltz v. An-owltz, supra. Moreover, since Defendant also failed to adduce any evidence of negligence on Plaintiff's part. the Court concludes as a matter of law that Defendant's negligence In crossing over into Plaintiff's lane of travel was the sole proximate caosc of a.ccident. See, Marsch v. Catanzaro, supra; Caffery v. BJYMaterials. Inc., supra. 2 2 of 3 5 of 8 [*FILED: 3] ORANGE COUNTY CLERK 12/06/2018 10:38 AM NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 12/06/2018 r - « - - NYSCEF DOC. NO. 18 . RECEIVED NYSCEF: 11/02/2018 It is therefore ORDERED, that Plaintiff's motion for partial SlllllIIlllIY judgment on the issue of defendan1 Peter J, Lorit.z's liability for the subject motor vehicle accident is granted. The foregoing constitutes the decision and order of this Court. Date.d:NovemberL,2018 Goshen, New York INDEX NO. EF005349-2018 EN TBR H HON. C.M. BARllETT JUDGE NY STAlE COURT OF Cl.AIMS ACTINGSUPRSJECOURT JJSTICE 3 3 of 3 6 of 8

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