Appellate Division of the Supreme Court of New York, 2003

Kemenyash v. McGoey

Appellate Division of the Supreme Court of New York · Decided June 30, 2003

306 A.D.2d 516; 762 N.Y.S.2d 629

Cases that cite this one

12 later published cases cite this decision.

Gezelter v. Pecora (Appellate Division of the Supreme Court of New York 2015)
Adobea v. Junel (Appellate Division of the Supreme Court of New York 2014)
Adobea v. Junel (Appellate Division of the Supreme Court of New York 2014)
Jackson v. Donien Trust (Appellate Division of the Supreme Court of New York 2013)
Jackson v. Donien Trust (Appellate Division of the Supreme Court of New York 2013)
Benedikt v. Certified Lumber Corp. (Appellate Division of the Supreme Court of New York 2009)
Schiffer v. Sunrise Removal, Inc. (Appellate Division of the Supreme Court of New York 2009)
Voskin v. Lemel (Appellate Division of the Supreme Court of New York 2008)
Vaden v. Rose (Appellate Division of the Supreme Court of New York 2004)
Grange v. Jacobs (Appellate Division of the Supreme Court of New York 2004)
Merchants Insurance Group v. Haskins (Appellate Division of the Supreme Court of New York 2004)
Niyazov v. Bradford (Appellate Division of the Supreme Court of New York 2004)

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, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), dated February 13, 2003, which denied his motion for summary judgment on the issue of liability.

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

In support of his motion for summary judgment, the plaintiff submitted a police accident report recorded by a police officer at the scene, which contained an admission by the defendant that, as he was taking the key out of his vehicle’s ignition, his vehicle rolled forward and hit the plaintiff, who was standing behind the plaintiffs parked vehicle. Contrary to the defendant’s contention, his statement was admissible as the admission of a party (see Guevara v Zaharakis, 303 AD2d 555 [2003]; Matter of Nationwide Mut. Ins. Co. v McMillan, 288 AD2d 224 [2001]; Aloi v Firebird Frgt. Serv. Corp., 251 AD2d 608 [1998]).

The plaintiff demonstrated his prima facie entitlement to judgment as a matter of law on the issue of liability (see Flood v Travelers Vil. Garage, 66 AD2d 726 [1978]). In opposition, the defendant failed to demonstrate by admissible evidence the existence of a triable issue of fact. Accordingly, the court erred in denying the plaintiffs motion for summary judgment (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Zuckerman v *517City of New York, 49 NY2d 557 [1980]). Santucci, J.P., Smith, Luciano, Schmidt and Mastro, JJ., concur.

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