In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order of the Supreme Court, Suffolk County (Weber, J.), dated March 8, 2006, which granted the
Ordered that the appeal from the order dated March 8, 2006 is dismissed, as that order was superseded by the order dated April 17, 2006, made upon reargument; and it is further,
Ordered that the order dated April 17, 2006 is modified, on the law, by (1) deleting the provision thereof, upon reargument, adhering to so much of the original determination in the order dated March 8, 2006, as granted the motion of the defendants Donna O’Neill and Michael V O’Neill and the separate motion of the defendant HVT, Inc., for summary judgment dismissing the complaint insofar as asserted against them, and substituting therefor a provision, upon reargument, vacating that portion of the order dated March 8, 2006, which granted the motions for summary judgment and thereupon, denying those motions, and (2) deleting the provision thereof, upon reargument, adhering to so much of the original determination in the order dated March 8, 2006, as denied, as academic, the plaintiffs motion for summary judgment on the issue of liability, and substituting therefor a provision, upon reargument, vacating that portion of the order dated March 8, 2006, which denied, as academic, the plaintiffs motion for summary judgment on the issue of liability and, thereupon, denying that motion; as so modified, the order dated April 17, 2006 is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the plaintiff.
In support of his motion for summary judgment, the plaintiff submitted evidence establishing that the accident occurred after the defendant Michael V. O’Neill (hereinafter O’Neill) proceeded through a stop sign without first bringing his motor vehicle to a stop, in violation of Vehicle and Traffic Law § 1172 (a) (see Gonzalez v Schupak, 19 AD3d 367 [2005]). In opposition, the defendants submitted a police report of the accident indicating that O’Neill failed to stop due to ice (see CPLR 3212 [b]). The defendants attempted to invoke the emergency doctrine, by asserting that O’Neill skidded on ice and the accident was unavoidable.
In support of their respective motions for summary judgment,
The plaintiffs proof was insufficient to establish as a matter of law that the accident was caused through the unexcused negligent actions of the defendants (see Canh Du v Hamell, 19 AD3d 1000 [2005]). The plaintiff also failed to establish as a matter of law that his injuries were caused by the accident. Accordingly, the plaintiff was not entitled to summary judgment on the issue of liability. Spolzino, J.P., Ritter, Lifson and Angiolillo, JJ., concur.