![]() Defendant Brown, with his right turn signal activated for one to two minutes, was traveling approximately 25 miles per hour, and then slowed "almost to a stop," while still on the highway, traveling about 5 miles per hour, when he was struck from behind. He could not change lanes because a vehicle entering the highway would not allow him to move over. ![]() Defendant Brown's deposition testimony asserts that defendant Brown was driving in light traffic, at approximately 12:00 PM, in light rain, and was attempting to change lanes in order to exit the highway. In support of the motion, defendant Brown submits the summons and complaint, and the answer filed by defendant Brown the unsigned, certified deposition of plaintiff Deosarran Singh the unsigned, certified deposition of defendant Brown the unsigned, certified deposition of defendant Mohan Singh and, the unsigned, certified deposition of defendant Kim. A pick-up truck following defendant Brown's vehicle, driven by defendant Mohan Singh, either came to a stop or slowed suddenly, at which time a larger truck driven by defendant Kim and owned by defendant BNJ struck the Mohan Singh vehicle, and propelled it into the rear of the Brown vehicle. Defendant Brown, the moving defendant herein, asserts that as he attempted to exit the highway, he was blocked by a vehicle entering the highway on his right, and he brought his vehicle almost to a full stop. The plaintiff Deosarran Singh was a passenger in a vehicle driven by defendant Mohan Singh. This personal injury action arises out of a three-vehicle collision which occurred on March 23, 2011, on the Van Wyck Expressway in Queens, New York. Plaintiffs and defendants Yung Kim ("Kim") and BNJ Trucking, Inc. Brown moves for summary judgment pursuant to CPLR 3212 dismissing the complaint and all cross-claims against him. of Gorton & Gorton LLP - Attorney for Defendant Mohan Singh, 1539 Franklin Avenue, 3d Floor, Mineola NY 11501, 51ĭefendant Arthur W. of Adams Hanson Rego Carlin Kaplan & Fishbein - Attorney for Defendants Yung Kim and BNJ Trucking, Inc., One Executive Boulevard, Suite 280, Yonkers, NY 10701, 91 ![]() Brown, 875 Merrick Avenue, Westbury, NY 11590, 51 ![]() of Kay & Gray - Attorney for defendant Arthur W. Attorney for Plaintiffs Deosarran Singh and Rohinee Singh, 947 Second Ave. Brown, Mohan Singh, Yung Kim and BNJ Trucking, Inc., Defendants. This opinion is uncorrected and subject to revision before publication in the printed Official Reports.ĭeosarran Singh and Rohinee Singh, Plaintiffs,Īrthur W. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
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