Opinion
2014-03-20
Linda A. FOREMAN, Plaintiff–Appellant, v. Jihad SKEIF, Defendant–Respondent, Ira H. Foreman, Defendant.
Finger & Finger, a Professional Corporation, White Plains (Daniel S. Finger of counsel), for appellant. Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Dennis J. Monaco of counsel), for respondent.
Finger & Finger, a Professional Corporation, White Plains (Daniel S. Finger of counsel), for appellant. Abrams, Gorelick, Friedman & Jacobson, LLP, New York (Dennis J. Monaco of counsel), for respondent.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 4, 2013, which granted defendant Jihad Skeif's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Skeif presented unrefuted evidence that the vehicle operated by codefendant Ira H. Foreman made a left turn across the path of Skeif's oncoming vehicle in violation of Vehicle and Traffic Law § 1141, and that he applied his brakes, but could not avoid the collision ( see Griffin v. Pennoyer, 49 A.D.3d 341, 341–342, 852 N.Y.S.2d 765 [1st Dept.2008] ). Skeif properly supported his motion with admissible evidence by submitting the parties' deposition transcripts ( see Franco v. Rolling Frito–Lay Sales, Ltd., 103 A.D.3d 543, 543, 962 N.Y.S.2d 54 [1st Dept.2013] ).
Plaintiff, a passenger in Foreman's vehicle, failed to raise a triable issue of fact. She failed to submit any evidence supporting her claim that Skeif could have avoided the accident by paying proper attention ( see Cadeau v. Gregorio, 104 A.D.3d 464, 465, 961 N.Y.S.2d 106 [1st Dept.2013] ). Moreover, there is no evidence in the record that Skeif was speeding or was otherwise negligently operating his vehicle ( see id.). ACOSTA, J.P., RENWICK, MOSKOWITZ, FREEDMAN, FEINMAN, JJ., concur.