CARMEN VEGA PLAINTIFF RESPONDENT v. APPEAL NO (2018)

Supreme Court, Appellate Division, Fourth Department, New York.

CARMEN VEGA, PLAINTIFF–RESPONDENT, v. SHERRY M. CRANE, ADMINISTRATOR OF THE ESTATE OF COLLIN WARD CRANE, DECEASED , JEFFREY CRANE, DEFENDANTS–APPELLANTS, ET AL., DEFENDANT. (APPEAL NO. 1.)

CA 17–01962

Decided: May 04, 2018

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, CURRAN, AND TROUTMAN, JJ.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (MICHAEL J. CHMIEL OF COUNSEL), FOR DEFENDANTS–APPELLANTS. FARACI LANGE, LLP, ROCHESTER (CAROL A. MCKENNA OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that she sustained a serious injury as defined by Insurance Law § 5102(d) in a motor vehicle accident as a result of the negligence of decedent, Collin Ward Crane. Contrary to the contention of Sherry M. Crane, as administrator of decedent's estate, and Jeffrey Crane (defendants), Supreme Court properly granted that part of plaintiff's cross motion seeking partial summary judgment on negligence against them. The accident reconstruction report, which was submitted by plaintiff in support of the cross motion, established that decedent's vehicle

“ ‘crossed the center line of the highway and struck [plaintiff's] vehicle,’ “ and, in opposition, defendants failed to provide evidence of a nonnegligent explanation for the collision (Graham v. Gerow, 126 AD3d 1549, 1549 [4th Dept 2015]; see Levi v. Benyaminova, 128 AD3d 779, 780 [2d Dept 2015] ).

Mark W. Bennett

Clerk of the Court

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