PITT v. ALPERT (2008)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered December 20, 2007, which denied his motion for summary judgment on the issue of liability.

ORDERED that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is granted.

The plaintiff established that the defendant's negligence was the sole proximate cause of the subject accident.   The defendant's vehicle failed to stop at a red traffic light and proceeded into the intersection directly into the plaintiff's lane (see Ramos v. Triboro Coach Corp., 31 A.D.3d 625, 819 N.Y.S.2d 82;  Iqbal v. Petrov, 9 A.D.3d 416, 780 N.Y.S.2d 174;  Lestingi v. Holland, 297 A.D.2d 627, 628, 747 N.Y.S.2d 522;  Casanova v. New York City Tr. Auth., 279 A.D.2d 495, 719 N.Y.S.2d 125;  Packer v. Mirasola, 256 A.D.2d 394, 681 N.Y.S.2d 559;  Diasparra v. Smith, 253 A.D.2d 840, 678 N.Y.S.2d 373;  see also Borges v. Zukowski, 22 A.D.3d 439, 801 N.Y.S.2d 544).   In opposition, the defendant failed to raise a triable issue of fact as to whether the plaintiff was at fault in the happening of the accident, or could have done anything to avoid it (see Ramos v. Triboro Coach Corp., 31 A.D.3d 625, 819 N.Y.S.2d 82;  Iqbal v. Petrov, 9 A.D.3d 416, 780 N.Y.S.2d 174;  Lestingi v. Holland, 297 A.D.2d at 628, 747 N.Y.S.2d 522;  Casanova v. New York City Tr. Auth., 279 A.D.2d 495, 719 N.Y.S.2d 125;  Packer v. Mirasola, 256 A.D.2d 394, 681 N.Y.S.2d 559;  see also Borges v. Zukowski, 22 A.D.3d 439, 801 N.Y.S.2d 544).   The defendants' conclusory and speculative assertions concerning the plaintiff's speed and possible negligence were not supported by competent evidence (see Maloney v. Niewender, 27 A.D.3d 426, 426-427, 812 N.Y.S.2d 585).