Majority
p. 568Linda A. Foreman, Appellant, v Jihad Skeif, Respondent, et al., Defendant. [982 NYS2d 314]
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 4, 2013, which granted defendant Jihad Skeif s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
p. 569
Skeif presented unrefuted evidence that the vehicle operated by codefendant Ira H. Foreman made a left turn across the path of Skeif s oncoming vehicle in violation of Vehicle and Traffic Law § 1141, and that he applied his brakes, but could not avoid the collision (see Griffin v Pennoyer, 49 AD3d 341 , 341-342 [1st Dept 2008]). Skeif properly supported his motion with admissible evidence by submitting the parties’ deposition transcripts (see Franco v Rolling Frito-Lay Sales, Ltd., 103 AD3d 543 , 543 [1st Dept 2013]).
Plaintiff, a passenger in Foreman’s vehicle, failed to raise a triable issue of fact. She failed to submit any evidence supporting her claim that Skeif could have avoided the accident by paying proper attention (see Cadeau v Gregorio, 104 AD3d 464 , 465 [1st Dept 2013]). Moreover, there is no evidence in the record that Skeif was speeding or was otherwise negligently operating his vehicle (see id.).
Concur — Acosta, J.P, Renwick, Moskowitz, Freedman and Feinman, JJ.
Cases cited
- Griffin v. Pennoyer 49 AD3d 341 at 341-342 p. 569
- Franco v. Rolling Frito-Lay Sales 103 AD3d 543 at 543 p. 569
- Cadeau v. Gregorio 104 AD3d 464 at 465 p. 569