| Young Sun Jang v Boseok Kim |
| 2004 NY Slip Op 51755(U) |
| Decided on May 14, 2004 |
| Supreme Court, Queens County |
| Grays, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
YOUNG SUN JANG, BOK SOON KIM and MYOUNG SUN LEE, Plaintiffs,
against BOSEOK KIM, SUK JOONG KIM, KENNETH S. KERN, GLORIA FERRARO-KERN and THE CAPTUS GROUP, INC., Defendants. |
The record indicates that the plaintiff's Jang and Kim were passengers in a vehicle owned by defendant Suk Joong Kim and operated by defendant Boseok Kim which collided with a vehicle owned by defendant Captus Group, Inc. and operated by defendant Kenneth S. Kern. "While negligence cases do not generally lend themselves to resolution by motion for summary judgment, such a motion will be granted where, as here, the facts clearly point to the negligence of one party without any fault or culpable conduct [*2]by the other party" (Morowitz v Naughton, 150 AD2d 536, 537, citing, Viegas v Esposito, 135 AD2d 708). The record does not establish whether both drivers were at fault or which of the drivers caused the subject accident. However, the right of an innocent passenger involved in a vehicle accident to summary judgment in a personal injury action is not in any way restricted by potential issues of comparative negligence as between the drivers of the vehicles (see, Cummins v Rose, 185 AD2d 839; Silberman v Surrey Cadillac Limousine Service, Inc., 109 AD2d 833).
Dated: May 14, 2004
MARGUERITE A. GRAYS
J.S.C.