Kahana Feld Secures Summary Judgment in Queens County Motor Vehicle Accident Case

Kahana Feld partner Dominic Donato and attorney Frank J. Piña IV recently obtained summary judgment, securing the complete dismissal of a Queens County motor vehicle accident lawsuit before trial. 

The plaintiff sought significant damages for serious injuries allegedly sustained in the collision, claiming the defendant failed to yield at an intersection. Through the strategic preservation and authentication of critical video evidence, the KF team demonstrated that the defendant had the right of way and the plaintiff entered the intersection in violation of New York Vehicle and Traffic Law § 1142(a). The video further established that the defendant was traveling appropriately and had no reasonable opportunity to avoid the collision. 

The Court agreed, holding that the plaintiff’s failure to yield constituted negligence as a matter of law and that no triable issue of fact existed. The ruling resulted in a complete dismissal of the action.