Appellate Division of the Supreme Court of New York, 1995

Siegel v. Terrusa

Appellate Division of the Supreme Court of New York · Decided December 4, 1995

222 A.D.2d 428; 635 N.Y.S.2d 52; 1995 N.Y. App. Div. LEXIS 12576

Cases that cite this one

20 later published cases cite this decision.

Mughal v. Rajput (Appellate Division of the Supreme Court of New York 2013)
Mughal v. Rajput (Appellate Division of the Supreme Court of New York 2013)
Pandey v. Parikh (Appellate Division of the Supreme Court of New York 2008)
Studnick v. Selesnick (Appellate Division of the Supreme Court of New York 1999)
Young v. Fleary (Appellate Division of the Supreme Court of New York 1996)
Bendik v. Dybowski (Appellate Division of the Supreme Court of New York 1996)
Scaltrito v. Mazzarisi (New York Supreme Court, Richmond County 2024)
Scaltrito v. Mazzarisi (New York Supreme Court, Richmond County 2024)
Bing Kang Chen v. S & F Travel, Inc. (Appellate Division of the Supreme Court of New York 2023)
Johnson v. Braun (Appellate Division of the Supreme Court of New York 2014)
Roth v. Zelig (Appellate Division of the Supreme Court of New York 2009)
Felberbaum v. Weinberger (Appellate Division of the Supreme Court of New York 2007)
Mount Sinai Hospital v. Joan Service Corp. (Appellate Division of the Supreme Court of New York 2005)
Coughlin v. Bartnick (Appellate Division of the Supreme Court of New York 2002)
Kalil v. Zissis (Appellate Division of the Supreme Court of New York 2001)
MacIntosh v. August Ambulette Service, Inc. (Appellate Division of the Supreme Court of New York 2000)
Dorsey v. Yantambwe (Appellate Division of the Supreme Court of New York 2000)
Arma Textile Printers, Inc. v. Spectrachem, Inc. (Appellate Division of the Supreme Court of New York 1998)
Skay v. Public Library of Rockville Centre (Appellate Division of the Supreme Court of New York 1997)
Talbot v. Heimbaugh (Appellate Division of the Supreme Court of New York 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Amann, J.), dated December 16, 1994, which denied her motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, the plaintiffs motion for summary judgment on the issue of liability is granted, and the matter is remitted to the Supreme Court, Richmond County, for a trial on the issue of damages.

An innocent passenger such as the plaintiff who, in support *429of her motion for summary judgment, submits evidence that the accident resulted from the driver losing control of the vehicle, shifts the burden to the driver to come forward with an exculpatory explanation (see, Viegas v Esposito, 135 AD2d 708). In this case involving a one-car accident, the only such explanation provided by the defendants came in the form of the hearsay affidavit of Vincent Terrusa, the father of the driver, which indicated that a police officer who responded to the accident told Mr. Terrusa that the accident had been caused by a blowout. The opposition accordingly fell far short of the evidentiary showing needed to defeat a motion for summary judgment since the existence of a factual issue may not be established by the hearsay information of one who had no personal knowledge of the facts (see, Eddy v Tops Friendly Mkts., 59 NY2d 692). Balletta, J. P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.