Appellate Division of the Supreme Court of New York, 2003

Sheppeard v. Murci

Appellate Division of the Supreme Court of New York · Decided June 2, 2003

306 A.D.2d 268; 761 N.Y.S.2d 244

Cases that cite this one

28 later published cases cite this decision. The 25 that cite it most often are listed here.

Balliet v. North Amityville Fire Department (Appellate Division of the Supreme Court of New York 2015)
GELSTER, DALE R. v. JAOUDE, MARIA L. (Appellate Division of the Supreme Court of New York 2011)
St. Andrew v. O'Brien (Appellate Division of the Supreme Court of New York 2007)
Hernandez v. Flores (Appellate Division of the Supreme Court of New York 2024)
Rosner v. Srulovic (Appellate Division of the Supreme Court of New York 2022)
Arango v. Sandhaus (Appellate Division of the Supreme Court of New York 2022)
Boereau v. Scott (Appellate Division of the Supreme Court of New York 2016)
Ali v. Paul (Appellate Division of the Supreme Court of New York 2016)
Wallace v. Barody (Appellate Division of the Supreme Court of New York 2015)
Cresser v. CDTS, 1 (Appellate Division of the Supreme Court of New York 2015)
Cresser v. CDTS, 1 (Appellate Division of the Supreme Court of New York 2015)
GREEN, ANGELA D. v. HOSLEY, CATHERINE M. (Appellate Division of the Supreme Court of New York 2014)
Green v. Hosley (Appellate Division of the Supreme Court of New York 2014)
Green v. Hosley (Appellate Division of the Supreme Court of New York 2014)
Galo v. Cunningham (Appellate Division of the Supreme Court of New York 2013)
Galo v. Cunningham (Appellate Division of the Supreme Court of New York 2013)
Davis v. Metropolitan Transit Authority (Appellate Division of the Supreme Court of New York 2012)
Yavkina v. New York City Police Department (Appellate Division of the Supreme Court of New York 2011)
Rosa v. Scheiber (Appellate Division of the Supreme Court of New York 2011)
Jahangir v. Logan Bus Co. (Appellate Division of the Supreme Court of New York 2011)
Brown v. Muniz (Appellate Division of the Supreme Court of New York 2009)
Fawcett v. Suffolk Transportation Service, Inc. (Appellate Division of the Supreme Court of New York 2008)
Nevarez v. S.R.M. Management Corp. (Appellate Division of the Supreme Court of New York 2008)
Edwards v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2007)
Marsch v. Catanzaro (Appellate Division of the Supreme Court of New York 2007)

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 an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated October 15, 2002, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant established his prima facie entitlement to judgment as a matter of law by providing sufficient evidence *269that the infant plaintiff darted out from behind vehicles stopped in traffic, directly into the path of the defendant’s vehicle, leaving the defendant unable to avoid contact (see Sae Hyun Kim v Mirisis, 286 AD2d 761, 762 [2001]; Johnson v Lovett, 285 AD2d 627 [2001]; Carrasco v Monteforte, 266 AD2d 330, 331 [1999]). In response, the plaintiffs failed to present sufficient evidence to raise a triable issue of fact. Contrary to the plaintiffs’ contention, they failed to present evidence that the defendant operated his vehicle in a negligent manner (see Miller v Sisters of Order of St. Dominic, 262 AD2d 373, 374 [1999]; Brown v City of New York, 237 AD2d 398 [1997]), and any assertion that the defendant was driving “too fast” was unsubstantiated and wholly subjective (see Wolf v We Transp., 274 AD2d 514 [2000]). Accordingly, the defendant’s motion for summary judgment dismissing the complaint should have been granted. Ritter, J.P., Smith, S. Miller and Adams, JJ., concur.

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