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Guadagno v. Glen Oaks Club

Defendants Fail to Show Golf Cart Not Motor Vehicle Under VTL Injury Suit Denied Dismissal

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The following papers numbered EF27 to EF48 read on this motion by defendant Glen Oaks Club (“GOC”), to dismiss the complaint pursuant to CPLR 3212.Papers NumberedNotice of Motion — Affidavits — Exhibits          EF27-EF44Answering Affidavits — Exhibits         EF45-EF47Reply Affidavits   EF48

*1 Upon the foregoing papers it is ordered that the motion is determined as follows:Plaintiff in this negligence action, seeks damages for personal injuries sustained on May 28, 2012, when a golf cart in which she was a passenger, overturned causing injury to plaintiff. The golf cart was operated by Brian Gomez, an employee of GOC, at the time of the subject accident. Defendant moves to dismiss the complaint on various grounds, including that the golf cart was not a “motor vehicle” as that term is defined in the vehicle and traffic law and, that in any event, plaintiff did not sustain a “serious injury” in the subject accident. The motion is opposed by plaintiff.The undisputed record indicates that on May 28, 2012, Gomez operated a golf cart at a high speed and made a sharp turn in a parking lot, causing it to flip over with four passengers in it, including plaintiff. In the verified bill of particulars, plaintiff alleges injuries which include: fracture of the base of the right third metacarpal, crush to the right hand, injury to the right thumb, pain in the neck back and shoulders. Defendants contend, inter alia, that the vehicle at issue, the

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