Davis-Betts v. The City of New York

Full title: RHONDA DAVIS-BETTS, Plaintiff, v. THE CITY OF NEW YORK, NEW YORK CITY…

Court: Supreme Court, New York County

Date published: May 16, 2022

2022 N.Y. Slip Op. 31593 (N.Y. Sup. Ct. 2022)

Opinion

Index No. 153427/2017 Motion Seq. No. 005

05-16-2022

RHONDA DAVIS-BETTS, Plaintiff, v. THE CITY OF NEW YORK, NEW YORK CITY TRANSIT AUTHORITY, METROPOLITAN TRANSPORTATION AUTHORITY, MTA BUS COMPANY, MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, CELIA O'CONNOR, RAMON CABRERA, JOHN DOES Defendant.

HON. DENISE M. DOMINGUEZ, JUSTICE

Unpublished Opinion

Motion Date 03/02/2022

PRESENT: HON. DENISE M. DOMINGUEZ, Justice

DECISION + ORDER ON MOTION

HON. DENISE M. DOMINGUEZ, JUSTICE

The following e-filed documents, listed by NYSCEF document number (Motion 005) 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 105, 107, 109, 113, 114, 115, 116, 117, 118 were read on this motion to/for SUMMARY JUDGMENT.

Upon review of the above listed documents and oral arguments heard on March 2, 2022, the motion is granted.

In this personal injury action, Defendants, New York City Transit Authority, Metropolitan Transportation Authority, MTA Bus Company, Manhattan and Bronx Surface Transit Authority, and bus operator, Celia L. O' Connor (collectively "Transit") move for summary judgment pursuant to CPLR 3212 alleging they have established entitlement to judgment as a matter of law and were not negligent in operating the bus involved in this accident. This Court agrees (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]).

BACKGROUND

On June 29, 2016, at approximately 12:45 p.m., Plaintiff, Rhonda Davis-Betts ("Plaintiff) was a passenger on a northbound Metropolitan Transit Authority ("MTA") bus owned and operated by Transit. At the intersection of Broadway and La Salle Street in New York County, the MTA bus was stopped for a red light when it was struck by an alleged stolen minivan driven, by non-party Caspari Lee, and registered to owner Defendant, Ramon Cabrera ("Cabrera"). Plaintiff alleges sustaining injuries from the accident.

On April 12, 2017, Plaintiff commenced this negligence action against Defendants, the City of New York, Transit, and Cabrerra. In particular, Plaintiff alleges that Transit was negligent, careless, and reckless in the ownership, operation, management and control of their vehicle.

Now, post-note of issue, Transit moves again for summary judgment. Plaintiff opposes.

DISCUSSION

With respect to motor vehicle accidents, it is well settled law that rear-end collisions with stopped vehicles, or with vehicles coming to a stop, create a prima facie case of negligence for the rear vehicle driver unless an adequate nonnegligent explanation for the accident is given (Kalair v Fajerman, 202 A.D.3d 625, 626 [1st Dept 2022] citing Urena v GVC Ltd., 160 A.D.3d 467 [1^st Dept 2018]; Androvic v Metropolitan Transp. Autk, 95 A.D.3d 610, 610 [1st Dept 2012]; Johnson v Phillips, 261 A.D.2d 269, 271 [1st Dept 1999]).

Here, Transit establishes its entitlement to summary judgment with the examination before trial ("EBT") testimony of Plaintiff and O' Connor. O'Connor testified that the MTA bus she was driving was at a complete stop for a red light when it was struck in the rear left side. Plaintiff also testified that the bus was at a stoplight when it was suddenly hit from behind (see Kalair, 202 A.D.3d at 626; Androvic, 95 A.D.3d 610).

In opposition, Plaintiff argues that Transit's evidence is not in admissible form. Yet, a review of O'Connor's deposition transcript shows it is signed, and the court reporter certified it in accordance with CPLR 3116 (a) (NYSCEF Doc No. 98 at 70). Even if O'Connor's transcript was not signed, it is admissible, as a party to an action may submit an unsigned transcript in support of their own summary judgment motion (Nyambuu v Whole Foods Mkt. Group, Inc., 191 A.D.3d 580, 582 [1st Dept 2021]; see Castano v. Wygand, 122 A.D.3d 476 [1st Dept. 2014] citing Franco v. Rolling Frito-Lay Sales, Ltd., 103 A.D.3d 543 [1st Dept. 2013]).

Plaintiff also argues that Transit's motion is procedurally defective because its statement of material facts does not comply with court rules. While the better practice would have been for Transit's Statement of Material Facts to include with each numbered paragraph a specific "citation to the evidence" as opposed to legal conclusions and arguments or general references to the exhibits, in light of Transit's Affirmation in Support, pointing to specific EBT testimony, the motion does not warrant denial as procedurally defective (22 NYCRR § 202.8-g [d]; see Loeb v. Assara New York LLP., 118 A.D.3d 457 [1^st Dept 2014]).

Plaintiff, however, does not dispute Transit's Statement of Material Facts that its bus was stopped at a red light when it was struck in the rear (NYSCEF Doc No. 100). Nor does Plaintiff offer any evidence of a non-negligent explanation for the accident or raise a triable issues of fact rebutting Transit's prima facia evidence for summary judgment (Rodriguez v Sharma, 178 A.D.3d 508, 509 [1st Dept 2019]; Alvarez, 68 N.Y.2d at 324; Zuckerman v City of New York, 49 N.Y.2d 557 [1980]; Delgado v. Martinez Family Auto, 113 A.D.3d 733 [1^st Dept. 2014]).

Accordingly, it is ORDERED that the motion brought by Defendants, New York City Transit Authority, Metropolitan Transportation Authority, MTA Bus Company, Manhattan and Bronx Surface Transit Operating Authority, and Celia L. O'Connor, for summary judgment is granted, and the complaint is dismissed as against them; and it is further

ORDERED that any and all cross-claims against Defendants, New York City Transit Authority, Metropolitan Transportation Authority, MTA Bus Company, Manhattan and Bronx Surface Transit Operating Authority, and Celia L. O'Connor are dismissed; and it is further

ORDERED that the claims and cross claims against Defendants, New York City Transit Authority, Metropolitan Transportation Authority, MTA Bus Company, Manhattan and Bronx Surface Transit Operating Authority, and Celia L. O'Connor, are severed, and the balance of the action shall continue; and it is further

ORDERED that the Clerk of the Court shall enter judgment in favor of Defendants, New York City Transit Authority, Metropolitan Transportation Authority, MTA Bus Company, Manhattan and Bronx Surface Transit Operating Authority, and Celia L. O'Connor, dismissing the claims and cross-claims made against them in this action, together with costs and disbursements to be taxed by the Clerk upon submission of an appropriate bill of costs.