Mendez-Hernandez v Chidambaram

Annotate this Case

Download PDF

Mendez-Hernandez v Chidambaram 2020 NY Slip Op 35119(U) October 8, 2020 Supreme Court, Westchester County Docket Number: Index No. 51982/2019 Judge: Terry Jane Ruderman 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: WESTCHESTER COUNTY CLERK 10/09/2020 08:57 AM NYSCEF DOC. NO. 26 INDEX NO. 51982/2019 RECEIVED NYSCEF: 10/08/2020 commence the statutory statutory time time for appeals appeals as of of right To commence (CPLR 5513[a]), 5513[aD, you are advised advised to serve a copy (CPLR of this order, with notice notice of of entry, upon upon all parties. of SUPREME COURT COURT OF THE THE STATE STATE OF NEW YORK SUPREME NEW YORK COUNTY OF WESTCHESTER WESTCHESTER COUNTY ______________________________________________________ -----------------------)C -----------------------------------------------------------------------------x JORGE MENDEZ-HERNANDEZ, MENDEZ-HERNANDEZ, JORGE DECISION and and ORDER ORDER DECISION Motion Sequence Sequence No. 1 Motion Inde)CNo. 51982/2019 Index No. 51982/2019 Plaintiff, Plaintiff, -against-againstARUN CHIDAMBARAM, CHIDAMBARAM, ARUN Defendant. Defendant. -----------------------------------------------------------------------------)C -----------------------------------------------------------------------------x RUDERMAN, J. RUDERMAN, following papers papers were were considered considered in connection connection with with plaintiff's plaintiff's unopposed unopposed motion motion The following order granting granting him him summary summary judgment issue of of liability, liability, and and striking striking defendant's defendant's for an order judgment on the issue affirmative defense defense (culpable (culpable conduct) conduct) and and fourth fourth affirmative affirmative defense defense (failure (failure to wear wear a first affirmative seatbelt): seatbelt): Papers Papers Notice of of Motion, Motion, Affirmation, Affirmation, Exhibits E)Chibits 1 - 9 Notice Numbered Numbered 1 This personal personal injury injury action action involves involves a collision collision that that occurred occurred on May May 24, 24,2018, This 2018, at appro)Cimately 4:45 4:45 p.m. p.m. According According to plaintiff's plaintiff's affidavit, affidavit, he was was driving driving northbound northbound on approximately Worthington Road Road in Greenburgh, Greenburgh, New York, approaching approaching the intersection intersection with with County County Club Club Worthington New York, Road, with with no traffic traffic control control devices devices restricting restricting his travel, travel, when when a vehicle vehicle heading heading toward toward him, him, Road, Worthington Road Road southbound, southbound, made made a sudden sudden left left turn tum onto onto Country Country Club Club Road, Road, and the two two on Worthington vehicles collided. collided. The The southbound southbound vehicle vehicle was was owned owned and and operated operated by defendant defendant Arun Arun vehicles Chidambaram. The The certified certified police police report report submitted submitted with with the the motion motion indicates indicates that that defendant defendant Chidambaram. told the reporting reporting police police officer officer that that the collision collision was was his fault, and and that that he became became distracted distracted told -1- [* 1] 1 of 4 FILED: WESTCHESTER COUNTY CLERK 10/09/2020 08:57 AM NYSCEF DOC. NO. 26 INDEX NO. 51982/2019 RECEIVED NYSCEF: 10/08/2020 vehicle. plaintiffss vehicle. of plaintiff path of the path into the turned into when and he turned tum, and left tum, make a left attempting to make when attempting summary partial summary him partial 3212 granting Plaintiff pursuant to CPLR CPLR 3212 granting him order-pursuant moves for an order now moves Plaintiff now way and of way right of the right had the that he had contending that judgment defendant, contending against defendant, ofliability against issue ofliability judgment on the issue Law§S 1141. No Vehicle and Traffic of Vehicle violation of defendant was TrafficLaw based on his violation negligent based was negligent defendant vague, while vague, testimony, while deposition testimony, opposition defendant's deposition and defendant's motion, and the motion, submitted to the been submitted has been opposition has complaint answer to the complaint Defendant's answer does not establish a basis of non-negligence. non-negligence. Defendant's claim of basis for a claim not establish does part. plaintiffs part. on plaintiffs conduct on culpable conduct of culpable includes defense of affirmative defense the affirmative includes the Analysis Analysis prima facie showing make a prima must make movant must In order awarded summary showing the movant judgment, the summary judgment, order to be awarded (see form (see admissible form proof in adniissible evidentiary proof of with evidentiary of law; with matter of judgment as a matter entitlement to judgment of entitlement viewed in the light must be viewed evidence must [1980]). The evidence Zuckerman City of York, 49 NY2d light NY2d 557 [1980]). New York. o__f New Zuckerman v City afforded to must be afforded inference must favorable inference every favorable most and every motion, and the motion, of the opponents of the opponents favorable to the most favorable 2016]). AD3d 977, 979 [2d Dept thenon-movants Gardella v Remizov, Dept 2016]). Remizov, 144 AD3d thenon-movants (see Gardella his of his facie showing prima facie establish a prima testimony establish Plaintiffs showing of deposition testimony affidavit and his deposition Plaintiffs affidavit proofs these proofs since these liability, since defendant's liability, of defendant's entitlement issue of on the issue law on of law matter of judgment as a matter entitlement to judgment of violation of defendant['s] violation was the defendant['s] subject accident "establish that of the subject accident was cause of proximate cause the sole proximate that the "establish so, safe to do so, reasonably safe not reasonably was not when it was Vehicle tum when left tum making a left Law §S 1141 in making Traffic Law Vehicle and Traffic the . present in the was lmvfully which was [vehicle] which directly into the of [plaintiffs] [plaintiffs] oncoming lawfully present oncoming [vehicle] path of the pat? directly statement hearsay statement The hearsay 2012]). The Dept 2012]). AD3d 1067, 1067 [2d Dept intersection" (see Duciev v Ippolito, Ippolito, 95 AD3d intersection" (seeDucie admission party admission report, is admissible by defendant defendant driver, driver, as reported certified police admissible as a party police report, the certified reported in the 05090 NY Slip _, 2020 NY AD3d _,2020 and an admission Yassin v Blackman, _ AD3d Slip Op 05090 Blackman,_ interest (see Yassin against interest admission against negligence defendant's negligence of defendant's showing of prima facie showing plaintiffs prima supports plaintiffs too, supports 2020]), and it, too, Dept 2020]), [2d Dept AD2d Zaharakis, 303 AD2d 2005]; Guevara (see Abramov Corp., 24 AD3d Guevara v Zaharakis, Dept 2005]; AD3d 397 [2d Dept Mira! Corp., Abramov v Miral -2-2- [* 2] 2 of 4 FILED: WESTCHESTER COUNTY CLERK 10/09/2020 08:57 AM NYSCEF DOC. NO. 26 INDEX NO. 51982/2019 RECEIVED NYSCEF: 10/08/2020 demonstrate fails to demonstrate deposition fails 555, defendant's deposition of defendant's transcript of the transcript Notably, the 2003]). Notably, Dept 2003]). 555, 556 [2d Dept nondefendant's nonestablishing defendant's negligence other party, explanation establishing party, or an explanation of any other part of the part negligence on the non-negligent of any non-negligent lack of negligence. the lack motion, the this motion, opposition to this of opposition absence of negligence. In the absence seeks. judgment he seeks. summary judgment explanation entitles entitles plaintiff plaintiff to the summary explanation proved by the pleaded and proved not be pleaded While need not negligence need comparative negligence of comparative absence of the absence While the of City of Rodriguez v City damages (see Rodriguez plaintiffs damages plaintiff, since it is only relevant of plaintiffs mitigation of relevant to the mitigation plaintiff, since of support of evidence in support New submitted any evidence has not submitted defendant has [2018]), defendant NY3d 312, 321 [2018]), New York, 31 NY3d prima facie established a prima has established plaintiff has the culpable while plaintiff pleaded, while defense he pleaded, affirmative defense conduct affirmative culpable conduct presented has presented plaintiff has Similarly, plaintiff part. Similarly, showing of of the absence of of culpable culpable conduct conduct on his part. the absence showing ~een has ~een nothing has and nothing accident, and of the accident, time of evidence the time seatbelt at the wearing his seatbelt was wearing that he was evidence that plaintiff on judgment to plaintiff submitted to the contrary. contrary. Accordingly, granting summary summary judgment addition to granting Accordingly, in addition submitted and negligence and comparative negligence of comparative the issue defenses of affirmative defenses defendant's affirmative liability, defendant's defendant's liability, of defendant's issue of failure to wear seatbelt are dismissed. dismissed. wear a seatbelt failure hereby Based foregoing, it is hereby upon the foregoing, Based upon issue the issue on the defendants on against defendants ORDERED judgment against summary judgment motion for summary plaintiffs motion that plaintiffs ORDERED that fourth affirmative of liability pursuant CPLR 3212 3212 is granted defendant's first first and fourth affirmative granted and defendant's pursuant to CPLR ofliability further defenses and it is further dismissed, and defenses are dismissed, Part of ORDERED that directed to appear appear in the Settlement Settlement Conference Conference Part of the parties are directed the parties that the ORDERED Plains, White Plains, Boulevard, White King Jr. Boulevard, Westchester Supreme Court, Luther King Martin Luther located at 111 Dr. Martin Court, located Westchester Supreme trial on the schedule a trial that Part, New 10601, on a date date of of which Part, to schedule notified by that they will be notified which they York, 10601, New York, -3- [* 3] 3 of 4 FILED: WESTCHESTER COUNTY CLERK 10/09/2020 08:57 AM NYSCEF DOC. NO. 26 INDEX NO. 51982/2019 RECEIVED NYSCEF: 10/08/2020 issue of of damages. damages. issue This constitutes constitutes the decision decision and This and order order of of the Court. Court. Dated: White White Plains, New York York Dated: Plains, New October~' 2020 October 2020 \~ HON. :B::-, -4- [* 4] 4 of 4 JANER:UDERMAN:i

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.