From Casetext: Smarter Legal Research

Mowton v. Rabiner

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2007
40 A.D.3d 1058 (N.Y. App. Div. 2007)

Opinion

No. 2006-02813.

May 29, 2007.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 23, 2006, which granted the defendants' motion for summary judgment dismissing the complaint.

Gruenberg Kelly, P.C., Ronkonkoma, N.Y. (Guy Gruenberg and Peter Lavrenchik of counsel), for appellants.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Richard E. Lerner and Bianca Michelis of counsel), for respondents.

Before: Mastro, J.P., Santucci, Krausman and Carni, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The plaintiffs commenced this action to recover damages, inter alia, for personal injuries allegedly sustained when, on July 13, 2003, while driving through the intersection of Babylon Turnpike and Sunrise Highway in Merrick, their car was struck by a car driven by the defendant Harold Rabiner, and owned by the defendant Wanda W. Rabiner. The defendants moved for summary judgment dismissing the complaint, asserting that the accident arose as a result of a sudden and unforeseeable medical emergency suffered by Harold Rabiner at the time of the accident.

The defendants did not demonstrate their prima facie entitlement to summary judgment because they failed to establish their claim "by competent or expert medical evidence" ( Parisella v Jack Haverty's Auto Parts, 296 AD2d 539, 540; cf. Hernandez v Ricci, 15 AD3d 351; McGinn v New York City Tr. Auth., 240 AD2d 378, 379). Since the defendants did not meet their burden, there is no need to address the sufficiency of the plaintiffs' submissions in opposition to the defendants' motion ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853). Accordingly, the defendants' motion should have been denied.


Summaries of

Mowton v. Rabiner

Appellate Division of the Supreme Court of New York, Second Department
May 29, 2007
40 A.D.3d 1058 (N.Y. App. Div. 2007)
Case details for

Mowton v. Rabiner

Case Details

Full title:CHRISTINE MOWTON et al., Appellants, v. HAROLD RABINER et al., Respondents

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

Date published: May 29, 2007

Citations

40 A.D.3d 1058 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 4611
836 N.Y.S.2d 687

Citing Cases

Serpas v. Bell

The operator of a vehicle who becomes involved in an accident as the result of suffering a sudden medical…

Liddell v. Morrison

Thus, the plaintiff established, prima facie, that the defendant's negligence was a proximate cause of the…