Held v. McMillan
Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated June 28, 2006, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
According to the plaintiffs deposition testimony, as he was driving in the right-hand lane of the westbound Belt Parkway, his vehicle was struck from behind by an unidentified vehicle, which caused him to lose control of his vehicle. The plaintiff also lost consciousness, and the next thing he recalled was waking up in the hospital.
According to the deposition testimony of the defendant driver, Anthony J. McMillan (hereinafter the defendant driver), as he was driving in the left-hand lane of the westbound Belt Parkway, the plaintiffs vehicle suddenly appeared in front of his vehicle, and was perpendicular to his vehicle. The defendant driver could not stop his vehicle in time to avoid a collision, and the front of his vehicle struck the driver’s side of the plaintiffs vehicle.
The defendants submitted evidence sufficient to demonstrate, prima facie, their entitlement to judgment as a matter of law on
Case-law data current through December 31, 2025. Source: CourtListener bulk data.