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RICHARD CARDILLI, ETC., APPELLANT, v. ROBERT PETER MUNVES, ET AL., RESPONDENTS, ET AL., DEFENDANT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The evidence established that the vehicle operated by the respondent Chrystie Munves was lawfully stopped at an intersection waiting to make a left-turn and that its stop lights and left signal light were on. The vehicle operated by the defendant Inez Picani, in which the plaintiff's decedent was a passenger, hit the Munves vehicle in the rear. Accordingly, the respondents made a prima facie showing that they were not negligent as a matter of law (see, Miller v. Irwin, 243 A.D.2d 546; Johnston v. El-Deiry, 230 A.D.2d 715). The plaintiff has failed to come forward with any evidence sufficient to raise an issue of fact as to whether Chrystie Munves was negligent and, if so, whether that negligence was a proximate cause of the accident (see, Bando-Twomey v. Richheimer, 229 A.D.2d 554; Corbly v. Butler, 226 A.D.2d 418; Barile v. Lazzarini, 222 A.D.2d 635).

The plaintiff's mere hope that further discovery will uncover evidence to prove his case is insufficient to warrant denial of the motion (see, Waste Servs. v. Jamaica Ash Rubbish Removal Co., 262 A.D.2d 401, 403; Quinones v. Board of Educ. of the City of N Y, 248 A.D.2d 696).

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CARDILLI v. MUNVES
(Jun 19, 2000)