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Irvin v. Queens Borough Corp.

Fact Issues if Sudden Stop Contributed to Collision Precludes Summary Judgment

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The following papers numbered 1 to 7 read on the below motion noticed on October 16, 2017 and duly submitted on the Part IA15 Motion calendar of November 30, 2017:Papers Submitted NumberedBerger’s Notice of Motion, Exhibits     1,2Def. Aff. In Opp., Exhibits   3,4Pl.’s Aff. In Opp.  5Berger’s Reply Aff., Exhibits              6,7DECISION / ORDER

*1  Upon the foregoing papers, the defendant Lucas Jessie Berger (“Berger”) moves for summary judgment, dismissing the complaint of the plaintiff Stacey Irvin (“Plaintiff”) as well as any and all cross-claims, pursuant to CPLR 3212. Plaintiff and co-defendants Queens Borough Corporation and Mohammed R. Islam (collectively, “Islam”) oppose the motion. This matter arises out of an alleged three-vehicle “chain reaction” motor vehicle accident that occurred on the southbound Van Wyck Expressway near 91st street in Queens, New York. It is not disputed that at the time of the incident, Plaintiff was operating the lead vehicle, defendant Berger was operating a Jeep vehicle directly behind Plaintiff (or the “middle” vehicle), and Islam was operating the rear-most vehicle, a black SUV, traveling directly behind Berger.Berger testified that prior to the accident, traffic in front of him was slowing down, so he applied his brakes and came to a complete stop without contacting any vehicles. While he was stopped, he looked into his rear view mirror and saw a black SUV approaching at a high rate of speed. Berger said that he then attempted to move his vehicle into the right lane, but as he tried to do that, the SUV struck him in the rear and propelled his vehicle forward 10-15 feet. As a

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