From Casetext: Smarter Legal Research

Pryor v. Reichert

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 470 (N.Y. App. Div. 1999)

Opinion

Argued September 10, 1999

October 18, 1999

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.).


ORDERED that the order is modified by adding thereto a provision severing the action against the remaining defendant; as so modified, the order is affirmed insofar as appealed from, with costs to the respondent.

The plaintiff was allegedly injured while she was a passenger in a motor vehicle operated by the defendant Shari L. Joyner, which was involved in a collision with a motor vehicle operated by the defendant Arthur Reichert. Reichert demonstrated his entitlement to judgment as a matter of law by establishing that Joyner violated Vehicle and Traffic Law § 1141 when she made a left turn directly into the path of his vehicle, as he legally proceeded through an intersection (see, Miranda v. Devlin, 242 A.D.2d 356 [2d Dept., Apr. 12, 1999]; Diasparra v. Smith, 253 A.D.2d 840; Zuckerman v. City of New York, 49 N.Y.2d 557).

In opposition to the motion, the plaintiff's conclusory and speculative assertions concerning Reichert's possible negligence were unsupported by any competent evidence. Thus, the plaintiff did not overcome Reichert's prima facie showing of entitlement to judgment as a matter of law (see, Miranda v. Devlin, supra; Bolta v. Lohan, 242 A.D.2d 356; Alvarez v. Prospect Hosp., 68 N.Y.2d 320).

SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.


Summaries of

Pryor v. Reichert

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 470 (N.Y. App. Div. 1999)
Case details for

Pryor v. Reichert

Case Details

Full title:ROBERTA PRYOR, appellant, v. ARTHUR REICHERT, respondent, et al., defendant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1999

Citations

265 A.D.2d 470 (N.Y. App. Div. 1999)
696 N.Y.S.2d 525

Citing Cases

Sureda v. Diamonti

The Supreme Court granted the defendant's motion, and we affirm. The defendant demonstrated his entitlement…

Stiles v. County of Dutchess

The defendants demonstrated their entitlement to judgment as a matter of law by establishing that the…