In a recent decision handed down by Honorable Leanard Livote, Justice of the Supreme Court for Queens County, Sobel Pevzner, successfully moved for summary judgment in an action which arose from a multi-vehicle accident. At the time of the accident, the plaintiff’s were passengers in a taxi cab which failed to stop at a stop sign. The plaintiff was unable to offer admissible proof that the actions of the firm’s client vehicle operator were violative of any Vehicle and Traffic Laws.
The Queens County Supreme Court recognized that once the moving party for summary judgment has established its prima facie burden, the burden then shifts to the party opposing the motion to demonstrate by admissible evidence the existence of a factual issue requiring a trial of the action. After due consideration, the Court found that the defendants had made a prima facie showing of entitlement to judgment as a matter of law, and that plaintiff had failed to produce any available admissible proof to rebut the same. The Court noted that the plaintiff merely speculated that the defendant may have been speeding when the admissible proof contradicted plaintiff’s speculative version of the event and had defendant traveling at 15 MPH on a road where he had the right of way.
Multi vehicle accident rarely present the factual underpinning for summary judgment. However, in this matter, Sobel Pevzner LLC successfully presented admissible proof to Judge Livot which went undisputed by plaintiff’s baseless conclusions. Thus, summary judgment was warranted and granted.