KAMTCHI v. Kimberly Grace Spagnuolo, respondent. (2025)

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Denise N. Johnson, J.), dated December 8, 2023.  The order granted the defendant Kimberly Grace Spagnuolo's motion for summary judgment dismissing the complaint insofar as asserted against her.

ORDERED that the order is reversed, on the law, with costs, and the defendant Kimberly Grace Spagnuolo's motion for summary judgment dismissing the complaint insofar as asserted against her is denied.

On August 7, 2020, the parties were involved in a three-vehicle collision in Queens, during which the vehicle operated by the plaintiff struck the rear of the vehicle operated by the defendant Rhaisa A. Serrano, which then struck the vehicle operated by the defendant Kimberly Grace Spagnuolo.  The plaintiff commenced this action against Spagnuolo and Serrano, among others, to recover damages for personal injuries the plaintiff allegedly sustained in the accident.  In July 2023, Spagnuolo moved for summary judgment dismissing the complaint insofar as asserted against her.  The plaintiff opposed the motion.  In an order dated December 8, 2023, the Supreme Court granted Spagnuolo's motion.  The plaintiff appeals.

“ ‘[A] defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the subject accident’ ” (Ventura v. Sturino, 230 A.D.3d 1378, 1378, 219 N.Y.S.3d 131, quoting Boulos v. Lerner–Harrington, 124 A.D.3d 709, 709, 2 N.Y.S.3d 526;  see Brunson v. Korkovilas, 208 A.D.3d 842, 842, 174 N.Y.S.3d 720).  Here, in support of her motion for summary judgment dismissing the complaint insofar as asserted against her, Spagnuolo submitted, inter alia, a transcript of her deposition testimony.  Spagnuolo testified that another vehicle cut her off, causing her to brake, “which caused Serrano behind me to merge in the right lane and then [the plaintiff to] hit them, and one of their vehicles sideswiped my car.”  Thus, Spagnuolo established, prima facie, that she was not at fault in the happening of the accident (see Glover v. Teresa Limo, Inc., 229 A.D.3d 604, 605, 215 N.Y.S.3d 430;  Comas–Bourne v. City of New York, 146 A.D.3d 855, 856, 45 N.Y.S.3d 182).

In opposition, however, the plaintiff submitted a certified copy of a police accident report containing Spagnuolo's conflicting account of how the accident occurred, raising a triable issue of fact as to whether Spagnuolo was at fault in causing the accident (see Moore v. DL Peterson Trust, 172 A.D.3d 1058, 1059, 101 N.Y.S.3d 194;  Adam v. Catania, 170 A.D.3d 636, 636–637, 93 N.Y.S.3d 609).

Accordingly, the Supreme Court should have denied Spagnuolo's motion for summary judgment dismissing the complaint insofar as asserted against her.

BARROS, J.P., IANNACCI, WAN and GOLIA, JJ., concur.