Santiago v. Quattrociocchi
Cases that cite this one
11 later published cases cite this decision.
- A.B. v. Waring (Appellate Division of the Supreme Court of New York 2023)
- Hayes v. County of Suffolk (Appellate Division of the Supreme Court of New York 2023)
- Baterna v. Maimonides Medical Center (Appellate Division of the Supreme Court of New York 2016)
- Wemyss v. Ruszczyk (Appellate Division of the Supreme Court of New York 2015)
- Alotta v. Diaz (Appellate Division of the Supreme Court of New York 2015)
- Williams v. County of WestChester (Appellate Division of the Supreme Court of New York 2013)
- Williams v. County of WestChester (Appellate Division of the Supreme Court of New York 2013)
- Neenan v. Quinton (Appellate Division of the Supreme Court of New York 2013)
- Neenan v. Quinton (Appellate Division of the Supreme Court of New York 2013)
- Sanchez-Santiago v. Call-A-Head Corp. (Appellate Division of the Supreme Court of New York 2012)
- Sanchez-Santiago v. Call-A-Head Corp. (Appellate Division of the Supreme Court of New York 2012)
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
A vehicle operated by the defendant C.A. Quattrociocchi and
The deposition testimony of the defendant driver and the affidavit of the nonparty witness submitted by the defendants in support of the motion established, prima facie, that the infant plaintiff’s negligent operation of his bicycle was the sole proximate cause of the accident (see Vehicle and Traffic Law §§ 1128, 1237). In opposition, the plaintiffs failed to raise a triable issue of fact. “Although the plaintiff suffers from amnesia as a result of the accident, and thus is not held to as high a degree of proof, [ ]he is not relieved of the obligation to provide some proof from which negligence can reasonably be inferred” (DeLuca v Cerda, 60 AD3d 721, 722 [2009]; see Noseworthy v City of New York, 298 NY 76 [1948]). Here, the plaintiffs failed to provide any evidence from which one could reasonably infer that the defendant C.A. Quattrociocchi was negligent. The affidavit of the plaintiffs’ expert submitted in opposition to the motion was speculative and insufficient to raise a triable issue of fact (see generally Jose v Richards, 307 AD2d 279 [2003]).
Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Dillon, J.E, Dickerson, Eng and Leventhal, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.