Alami v. Volkswagen of America, Inc.

Appellate Division of the Supreme Court of New York

Alami v. Volkswagen of America, Inc.

278 A.D.2d 262, 718 N.Y.S.2d 604, 2000 N.Y. App. Div. LEXIS 14116

Appellate Division of the Supreme Court of the State of New York·Decided December 11, 2000·Published

Opinion

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Fredman, J.), dated May 21, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the defendant submitted evidence establishing that the plaintiff’s decedent was highly intoxicated when he lost control of his vehicle and crashed into a utility pole. Under the circumstances of this case, the negligent manner in which the decedent was operating his vehicle was the sole proximate cause of the collision and his fatal injuries (see, Montero v Muller, 269 AD2d 576; Shevalier v Bentley, 268 AD2d 622; Hyland v Calace, 244 AD2d 318). The plaintiff failed to raise a triable issue of fact.

In view of our determination, we need not reach the defendant’s remaining contention. O’Brien, J. P., Altman, Krausman and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Fredman, J.), dated May 21, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the defendant submitted evidence establishing that the plaintiff’s decedent was highly intoxicated when he lost control of his vehicle and crashed into a utility pole. Under the circumstances of this case, the negligent manner in which the decedent was operating his vehicle was the sole proximate cause of the collision and his fatal injuries (see, Montero v Muller, 269 AD2d 576; Shevalier v Bentley, 268 AD2d 622; Hyland v Calace, 244 AD2d 318). The plaintiff failed to raise a triable issue of fact.

In view of our determination, we need not reach the defendant’s remaining contention. O’Brien, J. P., Altman, Krausman and Goldstein, JJ., concur.

Alami v. Volkswagen of America, Inc., 278 A.D.2d 262, 718 N.Y.S.2d 604, 2000 N.Y. App. Div. LEXIS 14116 (N.Y. Ct. App. 2000).

Pincite

278 A.D.2d 262 (Alami v. Volkswagen of America, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related