Reyes v. Marchese
Cases that cite this one
11 later published cases cite this decision.
- Frey v. Richmond Hill Lumber & Supply (Appellate Division of the Supreme Court of New York 2015)
- Rogers v. Consolidated Edison Co. of N.Y., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Rosa v. Gordils (Appellate Division of the Supreme Court of New York 2022)
- Al-Mamar v. Terrones (Appellate Division of the Supreme Court of New York 2017)
- Lorentz v. Ruiz (Appellate Division of the Supreme Court of New York 2015)
- Galagotis v. Armenti (Appellate Division of the Supreme Court of New York 2015)
- Gorenkoff v. Nagar (Appellate Division of the Supreme Court of New York 2014)
- Stern v. Amboy Bus Co. (Appellate Division of the Supreme Court of New York 2013)
- Stern v. Amboy Bus Co. (Appellate Division of the Supreme Court of New York 2013)
- Koeppel-Vulpis v. Lucente (Appellate Division of the Supreme Court of New York 2013)
- Koeppel-Vulpis v. Lucente (Appellate Division of the Supreme Court of New York 2013)
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, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated February 1, 2011, as denied her motion for summary judgment on the issue of liability.
Ordered that the order is affirmed insofar as appealed from, with costs.
Pursuant to Vehicle and Traffic Law § 1141, the driver of a vehicle intending to turn left “shall yield the right of way to any vehicle approaching from the opposite direction which is . . . so close as to constitute an immediate hazard.” A plaintiff
Here, in support of her summary judgment motion, the plaintiff submitted deposition testimony and an excerpt of a surveillance video depicting the accident that failed to establish that the defendant Michael A. Márchese’s alleged violation of Vehicle and Traffic Law § 1141 was the sole proximate cause of the accident (see Fogel v Rizzo, 91 AD3d 706 [2012]; Pollack v Margolin, 84 AD3d 1341 [2011]; Todd v Godek, 71 AD3d at 873). In light of the plaintiffs failure to meet her prima facie burden, we need not consider the sufficiency of the defendants’ opposition papers (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).
Accordingly, the Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability against the defendants Márchese and A-Val Architectural Metal Corp., which is Marchese’s employer and the owner of the vehicle driven by Márchese. Angiolillo, J.P., Dickerson, Belen and Hall, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.