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DeProssino v. Noorzad

Citations: 225 A.D.2d 581; 638 N.Y.2d 782; 638 N.Y.S.2d 782; 1996 N.Y. App. Div. LEXIS 2183

Court: Appellate Division of the Supreme Court of the State of New York; March 10, 1996; New York; State Appellate Court

Narrative Opinion Summary

The plaintiff's motion is supported by evidence indicating that defendant Bashira A. Noorzad, while operating a vehicle owned by defendant Abdullah Q. Rouzyi, struck the plaintiff's decedent who was lawfully crossing the street. This establishes a prima facie case of negligence against Noorzad. Additionally, Rouzyi's statement confirming he loaned the vehicle to Noorzad supports a prima facie case of liability against him under Vehicle and Traffic Law § 388(1). The only opposing evidence presented by the defendants, an unsworn statement from Noorzad to Gerard O’Sullivan, was deemed inadmissible and insufficient to counter the plaintiff's claims. The court's ruling was affirmed by Justices Rosenblatt, Sullivan, Copertino, and Goldstein.

Legal Issues Addressed

Admissibility of Evidence

Application: The defendants' attempt to counter the plaintiff's claims with an unsworn statement from Noorzad was deemed inadmissible and insufficient.

Reasoning: The only opposing evidence presented by the defendants, an unsworn statement from Noorzad to Gerard O’Sullivan, was deemed inadmissible and insufficient to counter the plaintiff's claims.

Affirmation of Lower Court's Decision

Application: The court's decision to affirm the ruling against the defendants was supported by the concurrence of the justices involved in the case.

Reasoning: The court's ruling was affirmed by Justices Rosenblatt, Sullivan, Copertino, and Goldstein.

Negligence in Vehicle Operation

Application: The case establishes a prima facie case of negligence against defendant Bashira A. Noorzad for striking the plaintiff's decedent while operating a vehicle.

Reasoning: The plaintiff's motion is supported by evidence indicating that defendant Bashira A. Noorzad, while operating a vehicle owned by defendant Abdullah Q. Rouzyi, struck the plaintiff's decedent who was lawfully crossing the street. This establishes a prima facie case of negligence against Noorzad.

Owner Liability under Vehicle and Traffic Law § 388(1)

Application: Defendant Abdullah Q. Rouzyi is held liable under Vehicle and Traffic Law § 388(1) for loaning his vehicle to Noorzad, who caused the accident.

Reasoning: Additionally, Rouzyi's statement confirming he loaned the vehicle to Noorzad supports a prima facie case of liability against him under Vehicle and Traffic Law § 388(1).