Jackson v. Diabate

Appellate Division of the Supreme Court of New York

Jackson v. Diabate

274 A.D.2d 356, 712 N.Y.S.2d 353, 2000 N.Y. App. Div. LEXIS 8241

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 27, 2000

StatusPublished

This text of 274 A.D.2d 356 (Jackson v. Diabate) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Diabate, 274 A.D.2d 356, 712 N.Y.S.2d 353, 2000 N.Y. App. Div. LEXIS 8241 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 14, 2000, which, to the extent appealed from, denied defendant-appellant’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against him.

Defendant-appellant, the driver of the vehicle in which plaintiff was a passenger, was entitled to summary judgment in this personal injury action inasmuch as plaintiff’s unrebutted testimony conclusively established that said vehicle was struck from the rear whilé stopped for a red light (Diller v City of N. Y. Police Dept., 269 AD2d 143; Rue v Stokes, 191 AD2d 245; see also, Johnson v Phillips, 261 AD2d 269). Under such circumstances, any driver’s failure to comply with discovery demands did not warrant denial of summary judgment, given that there was no likelihood that further discovery might lead to facts that would impose liability on defendant or relieve co-defendant of sole liability (Noonan v New York Blood Ctr., 269 AD2d 323; Green & Co. v William Penn Life Ins. Co., 220 AD2d 317).

We have considered the remaining contentions of plaintiff and of defendants-respondents and find them to be without merit. Concur — Nardelli, J. P., Williams, Wallach, Rubin and Friedman, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered February 14, 2000, which, to the extent appealed from, denied defendant-appellant’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against him.

Defendant-appellant, the driver of the vehicle in which plaintiff was a passenger, was entitled to summary judgment in this personal injury action inasmuch as plaintiff’s unrebutted testimony conclusively established that said vehicle was struck from the rear whilé stopped for a red light (Diller v City of N. Y. Police Dept., 269 AD2d 143; Rue v Stokes, 191 AD2d 245; see also, Johnson v Phillips, 261 AD2d 269). Under such circumstances, any driver’s failure to comply with discovery demands did not warrant denial of summary judgment, given that there was no likelihood that further discovery might lead to facts that would impose liability on defendant or relieve co-defendant of sole liability (Noonan v New York Blood Ctr., 269 AD2d 323; Green & Co. v William Penn Life Ins. Co., 220 AD2d 317).

We have considered the remaining contentions of plaintiff and of defendants-respondents and find them to be without merit. Concur — Nardelli, J. P., Williams, Wallach, Rubin and Friedman, JJ.

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Bluebook (online)

274 A.D.2d 356, 712 N.Y.S.2d 353, 2000 N.Y. App. Div. LEXIS 8241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-diabate-nyappdiv-2000.

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