Michael A. Martinez et al. v. Gabriel Martinez et al.
Attorneys and Parties
Brief Summary
Personal injury arising from a motor vehicle collision involving a moped and a sport utility vehicle (SUV) and the propriety of summary judgment on liability amid conflicting accounts.
Granted plaintiff Michael A. Martinez partial summary judgment on liability.
The grant of partial summary judgment on liability in favor of the plaintiff.
Conflicting versions of how the collision occurred created triable issues of fact that preclude summary judgment, as recognized in comparable First Department precedents.
Background
On September 10, 2021, near East 14th Street and Avenue B in Manhattan, plaintiff Michael A. Martinez, operating a moped with passenger Valerie Ortiz, collided with an SUV driven by defendant Gabriel Martinez. Plaintiff testified the SUV, described as a white security vehicle with roof lights, moved on a green light, stopped short, and then attempted a U-turn as plaintiff tried to go around, resulting in impact with the driver's side. Defendant averred he was fully stopped, signaled left, saw no U-turn prohibition, checked for traffic and pedestrians, began a U-turn, and plaintiff struck his vehicle while attempting to pass on the left by crossing the double yellow line.
Lower Court Decision
Supreme Court, New York County granted plaintiff's motion for partial summary judgment on liability.
Appellate Division Reversal
The Appellate Division, First Department unanimously reversed, on the law and without costs, and denied plaintiff's motion. The court held that the parties' conflicting accounts of the accident raised triable issues of fact, citing Jarrett v Claro, 161 AD3d 639 (1st Dept 2018), and Huerta-Saucedo v City Bronx Leasing Inc., 147 AD3d 695 (1st Dept 2017).
Legal Significance
Reaffirms that summary judgment on liability is improper in motor vehicle cases where material facts are disputed through competing narratives, even when one party claims the other executed a prohibited or unsafe maneuver such as a U-turn or passing over a double yellow line.
In motor vehicle negligence cases, conflicting testimony about the manner of the collision typically creates triable issues for a factfinder, defeating a motion for summary judgment on liability.