MULLER ST CYR v. NEW YORK CITY TRANSIT AUTHORITY (2021)

J.), entered on or about January 28, 2020, which, to the extent appealed from as limited by the briefs, granted defendants New York City Transit Authority, New York City Transit Authority Division of Paratransit, Maggies Paratransit Corp. and Sasha Jacquelyn Barclift's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for leave to amend his bill of particulars, unanimously affirmed, without costs.

Defendants established prima facie that the collision between their van and plaintiff's vehicle was caused by plaintiff, who improperly pulled his vehicle into a bus stop and up to a red traffic light next to their stationary van, on a roadway that was designated for one lane of moving traffic, and failed to yield the right of way to the van when the light changed (see Martinez v. Cofer, 128 A.D.3d 421, 8 N.Y.S.3d 212 [1st Dept. 2015]).  Plaintiff failed to raise an issue of fact in opposition.

Plaintiff waived his hearsay objections to the photographs submitted by defendants by failing to object before the motion court and, further, by relying on them in support of his own motion (see Thompson–Shepard v. Lido Hall Condominiums, 168 A.D.3d 614, 92 N.Y.S.3d 33 [1st Dept. 2019]).

In view of the foregoing, plaintiff's appeal from the denial of his motion to amend is moot.

We have considered plaintiff's remaining arguments and find them unavailing.