From Casetext: Smarter Legal Research

Coumbes v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 350 (N.Y. App. Div. 2002)

Opinion

2001-05752, 2001-05755

September 17, 2002

October 7, 2002.

In an action to recover damages for personal injuries, the defendant Charles V. Taylor II appeals, and the defendant Ford Motor Credit Company separately appeals, from (1) an order of the Supreme Court, Dutchess County (Hillery, J.), dated May 31, 2001, which granted the plaintiffs' motion for summary judgment on the issue of liability and the separate motion of the plaintiff Matthew Coumbes for summary judgment dismissing all counterclaims insofar as asserted against him, and (2) an interlocutory judgment of the same court, dated June 14, 2001, which is in favor of the plaintiffs and against them on the issue of liability and dismissed all counterclaims insofar as asserted against the plaintiff Matthew Coumbes.

Spiegel, Brown, Fichera Acard, Poughkeepsie, N.Y. (Donald D. Brown of counsel), for appellant Charles V. Taylor II.

O'Connor, Gacioch, Pope Tait, LLP, Binghamton, N.Y. (James C. Gacioch of counsel), for appellant Ford Motor Credit Company.

McCabe Mack, LLP, Poughkeepsie, N.Y. (David L. Posner of counsel), for respondents.

Boeggeman, George, Hodges Corde, P.C., White Plains, N.Y. (Leslie K. Arfine of counsel), for respondent Matthew Coumbes.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN and WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the appeal from the order is dismissed as that order was superseded by the interlocutory judgment entered thereon; and it is further,

ORDERED that the interlocutory judgment is affirmed; and it is further,

ORDERED that one bill of costs is awarded the plaintiffs.

Summary judgment on the issue of liability was properly granted in favor of the plaintiffs, who established their prima facie entitlement to judgment as a matter of law by showing that the defendant Charles V. Taylor II was solely responsible for the accident (see Casanova v. New York City Tr. Auth., 279 A.D.2d 495; Wolfson v. Milillo, 262 A.D.2d 636; Diasparra v. Smith, 253 A.D.2d 840) . The evidence established that Taylor was speeding, not paying attention to the roadway, and proceeded through a red traffic signal. In response to the motion, the defendants offered mere speculation as to the fault of the plaintiff driver Matthew Coumbes, which is insufficient to defeat the plaintiffs' motion for summary judgment (see Abitol v. Schiff, 276 A.D.2d 571; Paternoster v. Drehmer, 260 A.D.2d 867; Terwilliger v. Dawes, 204 A.D.2d 433).

The defendants' remaining contention is without merit.

RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

Coumbes v. Taylor

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 350 (N.Y. App. Div. 2002)
Case details for

Coumbes v. Taylor

Case Details

Full title:LESLIE P. COUMBES, ETC., ET AL., respondents, v. CHARLES V. TAYLOR II, ET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 7, 2002

Citations

298 A.D.2d 350 (N.Y. App. Div. 2002)
751 N.Y.S.2d 373

Citing Cases

Ventura v. Horn

Here, the collision was a result of the negligence of Fernardini who entered Horn's lane of traffic without…

Luongo v. Wolkin

Here, there are only conclusory and speculative assertions as to plaintiff's possible negligence that were…