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Massiah v. Latouche

Emergency Doctrine Not Available to Defendant Who Hit Double-Parked Car

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The following numbered papers were read on this motion: NYSCEF Document Numbers 8-19. ORDER Upon the foregoing papers, and the Court having elected to determine the within motion on submission pursuant to 22 NYCRR 202.8-f and IAS Part 2 Rules, Part II (Motions & Special Proceedings), Subpart C (Appearances & Post-Order Matters), Section 6 (Personal Appearances) (“All motions presumptively are to be argued in person unless the Court informs the parties at least two days in advance that it has made a sua sponte determination that a motion will be determined on submission.),” and due deliberation having been had thereon, It is hereby ORDERED as follows: The motion by Plaintiff Antwan Massiah (hereinafter “Massiah”) seeking summary judgment with respect to the issue of liability is GRANTED. The instant action arises out of a motor vehicle accident on Nov. 8, 2021 at or near the intersection of Sheffield Avenue and New Lots Avenue in Kings County (see NYSCEF Doc No. 13 4). Plaintiff was a passenger in a taxi when Defendant driver allegedly struck a double-parked vehicle while using a cell phone and looking in the rearview mirror (see NYSCEF Doc No. 10

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