788 N.Y.S.2d 179 | N.Y. App. Div. | 2004
Appeal from an order of the Supreme Court (Demarest, J.), entered February 13, 2004 in St. Lawrence County, which granted defendants’ motion for summary judgment dismissing the complaint.
Plaintiffs commenced this personal injury action against defendant St. Lawrence University, as owner of a vehicle operated by defendant Daniel F. Sullivan (hereinafter defendant), alleging negligent operation resulting in serious injury to plaintiff John Feeley (hereinafter plaintiff), a passenger in the vehicle. The undisputed facts are that on January 26, 2000, defendant and plaintiff were in the process of traveling to the City of Albany from the Town of Canton, St. Lawrence County, on Route 73 in the Town of Keene, Essex County. The temperature was below freezing and, although it was snowing lightly, there was little accumulation on the highway. Approximately one mile after passing a truck sanding the highway, and while defendant was driving under the posted speed limit, the vehicle suddenly slid across the road and into a ditch where it rolled over several times, injuring plaintiff. Defendant was issued a ticket for speed not reasonable and prudent (see Vehicle and Traffic Law § 1180 [el) and entered a plea of guilty to failing to obey a traffic control device in full satisfaction thereof. Following the filing of a trial term note of issue, Supreme Court granted defendants’ motion for summary judgment dismissing the complaint, concluding that plaintiffs’ submissions in opposition did not raise a question of fact regarding defendant’s negligence.
Spain, J.E, Carpinello, Rose and Kane, JJ., concur. Ordered that the order is reversed, on the law, with costs, and motion denied.