Majority
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, West-chester County (Wood, J.), dated September 30, 2015, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff commenced this action to recover damages for personal injuries he allegedly sustained on November 9, 2010, as the result of a motor vehicle accident in which his motorcycle collided with a bus owned by the defendants and operated by nonparty Steven Green.
The defendants met their prima facie burden for summary judgment dismissing the complaint by establishing that the plaintiff’s act of crossing over the double yellow line into the lane of travel of the defendants’ bus, in violation of Vehicle and Traffic Law § 1126 (a), was the sole proximate cause of the accident (see Rodriguez v Gutierrez, 138 AD3d 964 , 967 [2016]; Barbaruolo v DiFede, 73 AD3d 957 , 957 [2010]; cf. Ruthinoski
In opposition, the plaintiff failed to raise a triable issue of fact (see Barbaruolo v DiFede, 73 AD3d at 957-958 ). The plaintiff’s expert’s opinion that the defendants’ bus crossed over the double yellow line and into the plaintiff’s lane of travel is based upon pure speculation, and is belied by the onboard bus video, which demonstrates that the bus never veered or deviated toward the center of the roadway prior to the accident (see Eichenwald v Chaudhry, 17 AD3d at 404 ).
Accordingly, the Supreme Court properly granted the defendants’ motion for summary judgment.
Hall, J.P., Cohen, Miller and Connolly, JJ., concur.
Cases cited
- Rodriguez v. Gutierrez 138 AD3d 964 at 967 p. 813
- Barbaruolo v. DiFede 73 AD3d 957 at 957 p. 813
- Ruthinoski v. Brinkman 63 AD3d 900 at 901-902 p. 814
- Eichenwald v. Chaudhry 17 AD3d 403 at 404 p. 814
- Jung Geun Lee v. Mason 139 AD3d 807 at 808 p. 814
- Gezelter v. Pecora 129 AD3d 1021 at 1022 p. 814