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DEFENDANT’S UNSAFE LANE-CHANGE, A VIOLATION OF THE VEHICLE AND TRAFFIC LAW, WARRANTED SUMMARY JUDGMENT IN THIS TRAFFIC ACCIDENT CASE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff was entitled to summary judgment in this traffic accident case. Plaintiff alleged defendant (Roman) suddenly attempted to change lanes in violation of the Vehicle and Traffic Law and struck plaintiff’s car. Defendant’s claim that he glanced quickly to the left as plaintiff was attempting to pass him did not raise a question of fact:

… [T]he plaintiff submitted a transcript of his testimony at a hearing pursuant to General Municipal Law § 50-h wherein he testified that while the vehicle that Roman was operating was traveling in the far right lane of a three-lane highway, Roman swerved into the vehicle the plaintiff was operating, which was traveling in the far left lane. This testimony established, prima facie, that Roman changed lanes before ascertaining that such movement could be made safely in violation of Vehicle and Traffic Law § 1128(a) … .

… Roman’s affidavit, wherein he stated that he quickly steered into the left lane after “glanc[ing]” to his left, when the vehicle operated by the plaintiff “apparently attempted to pass [him] quickly on the driver’s side,” did not establish a nonnegligent excuse for the happening of the accident … . Moreover, the defendants failed to demonstrate that the emergency doctrine was applicable … . Elfe v Roman, 2023 NY Slip Op 04575, Second Dept 9-13-23

Practice Point: The evidence that defendant struck plaintiff’s car making an unsafe lane change in violation of the Vehicle and Traffic Law (negligence per se) entitled plaintiff to summary judgment.

 

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