Lee-David Weiner Wins Summary Judgment In New York County

On October 4, 2017, Lee-David Weiner won summary judgment dismissing the plaintiff’s complaint in Smith v. City of New York, Index No. 154726/2013 (Supreme Court, New York County). The accident occurred when the passenger in the plaintiff’s parked vehicle opened up the passenger side door into an oncoming school bus. Mr. Weiner argued that there was no liability for the defendants because the plaintiff was liable for the negligent acts of his passenger, and the conduct of the passenger was the sole proximate cause of the accident because the Vehicle and Traffic Law prohibits one from opening the door of a motor vehicle to the side of moving traffic unless and until it is reasonably safe to do so. The Court agreed and dismissed the plaintiff’s complaint.