Preview
FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:38 AM INDEX NO. 003125/2021
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/28/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA
________________________________________________________________________
SHATEEK BROWN,
Plaintiff NOTICE OF ENTRY
vs.
Index No. 003125/2021
MADISON PARKHURST, NIKKI
PARKHURST, ANDREW PETRUS,
Defendants.
________________________________________________________________________
PLEASE TAKE NOTICE that the within is a true copy of a Decision and Order of the
Hon. Robert E. Antonacci, II, J.S.C., dated January 27, 2022, and electronically entered in the
office of the Onondaga County Clerk on January 28, 2022, [NYSCEF Doc. No. 40].
Dated: January 28, 2022 SMITH, SOVIK, KENDRICK & SUGNET, P.C.
By:
Kristin L. Norfleet, Esq.
Attorneys for Defendant
Andrew Petrus
250 South Clinton Street, Suite 600
Syracuse, New York 13202
Telephone (315) 474-2911
{S1542587.1}
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NYSCEF DOC. NO. 40
41 RECEIVED NYSCEF: 01/27/2022
01/28/2022
At a term of the Supreme Court of the State of New
York, held in and for the County of Onondaga, on
November 3, 2021.
STATE OF NEW YORK SUPREME COURT
COUNTY OF ONONDAGA
SHATEEK BROWN,
Plaintiff,
DECISION AND ORDER
v. Motion Sequence # 1
Short Form
MADISON PARKHURST,
NIKKI PARKHURST and Index No. 003125/2021
ANDREW PETRUS,
Defendants.
Appearances: Eric P. Smith, Esq.
Attorney for Plaintiff
J. William Savage, Esq.
Attorney for Defendants Madison Parkhurst and Nikki Parkhurst
Kristin L. Norfleet, Esq.
Attorney for Defendant Andrew Petrus
ANTONACCI II, J.S.C.
The following papers having been considered by the Court on Defendant Andrew Petrus’s (hereinafter
“Petrus”) amended motion for summary judgment dismissing Plaintiff Shateek Brown’s (hereinafter “Brown”)
complaint and the Defendants Madison Parkhurst and Nikki Parkhurst’s cross-claim pursuant to CPLR § 3212:
NYSCEF Documents 1, 14 through 24, 26, and 28 through 39
Defendants Madison Parkhurst and Nikki Parkhurst did not submit any papers in opposition to the amended
motion. See NYSCEF Document 26 [Letter from J. William Savage, Esq., dated October 25, 2021].
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Brown alleges that
23. That on or about the 6th day of April, 2018, at approximately 12:10
p.m., while traveling at or about South Geddes Street at the
intersecting street of Erie Blvd. W, in the City of Syracuse, County of
Onondaga, State of New York, a motor vehicle operated by
defendant, MADISON PARKHURST and owned by Defendants
MADISON PARKHURST and/or NIKKI PARKHURST and a motor
vehicle owned and operated by Defendant ANDREW PETRUS
violently made contact with a motor vehicle owned and operated by
SHATEEK BROWN.
***
25. That the defendant [ANDREW PETRUS], was negligent, careless,
and reckless in the use, management, entrustment, maintenance,
ownership, and/or operation of the aforesaid motor vehicle; in
violation of the laws, statutes, and ordinances in such cases made and
provided; in failing to keep a proper lookout; in operating said motor
vehicle at an excessive rate of speed and/or a greater speed than care
and caution would permit under the circumstances; in failing to make
timely and proper use of his vehicle's brakes, braking system, and/or
braking mechanisms; in making unsafe lane changes in violation of
existing New York motor vehicle statutes; in failing to yield the right
of way to plaintiff's motor vehicle; in failing to make proper use of
his vehicle's warning devices; in failing to operate his motor vehicle
properly in the proper lane of traffic and travel; in following too
closely; in failing to exercise due care and caution to avoid colliding
with another motor vehicle; and was otherwise negligent, careless,
and reckless.
NYSCEF Document 1 [Summons and Complaint] at ¶¶ 23 and 24.
Brown further alleges that
3. A general statement of the acts or emissions constituting the
negligence that the plaintiff will claim at the time of trial as against
the defendant, ANDREW PETRUS.
RESPONSE: . . .Defendant, Wade H. Weekes [sic], negligence,
care1essness, recklessness, omissions, and
engagement in unlawful conduct includes, but is not
limited to, the following:
a. failing to keep a proper lookout;
b. failing to slow down and/or stop the
vehicle;
c. operating the brakes of the vehicle in
such a careless and negligent manner
as to fail to slow down and/or stop the
vehicle;
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d. failing to take necessary precautions to
protect the person and/or property of
the plaintiff or plaintiffs;
e. operating the vehicle in violation of
the statutes of the State of New York
in such cases made and provided;
f. entering the road in an unsafe manner,
g. failing to slow down or stop said
motor vehicle with reasonable care;
h. failing to yield the right-of-way;
i. failing to warn of her [sic] approach;
j. failing to be reasonably alert;
k. carelessness and negligence in
omitting or making or permitting
timely use of brakes, steering devices,
mechanisms and warning devices;
1. failing to take the necessary and
proper steps to prevent the collision
and accident;
m. failing to have the brakes in good and
proper working order;
n. driving while distracted;
o. failing to keep the vehicle in good
repair;
p. violation of those statutes and
ordinances which the evidence at the
trial will show to have been offended;
q. failing to see what was then and there
to be seen;
r. operating the motor vehicle at an
excessive and unsafe rate of speed;
and
s. failing to observe prudent and
reasonable driving practices.
NYSCEF Document 20 [Exhibit E (Plaintiff’s Response to Verified Bill of Particulars)] at ¶ 3 (The responses were
apparently drawn from papers prepared for LaFosse v. Weekes, et al., Erie County Supreme Court, Index No.
803930/2019 [See NYSCEF Document 16 in that file]).
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Brown states that “Brown was stopped at the . . . intersection behind Defendant Petrus when [Brown’s car]
was struck by Defendant [Madison Parkhurst]”. NYSCEF Document 30 [Attorney’s Affidavit in Opposition to
Defendant’s Motion for Summary Judgment by Eric P. Smith, Esq., dated September 27, 2021] at ¶ 10.
Petrus states that
4. . . . I came to a gradual, albeit full and complete stop at the red traffic
light on South Geddes Street at its intersection with Erie Boulevard
West. There were approximately three to four cars stopped at the light
in front of me.
5. While stopped I observed a vehicle come to a full and complete stop
behind me.
6. I had been stopped at the red light waiting for it to turn green for
about (30) seconds when, suddenly and without warning, my vehicle
was rear-ended by the vehicle traveling behind me.
7. I did not witness the vehicle rear-end me, though we had both been
stopped before the vehicle behind me rear-ended my vehicle.
8. After the collision, I got out of my vehicle, and spoke to the other two
drivers, whom I have since come to learn were Ms. Parkhurst and Mr.
Brown. In speaking with the other two drivers, I learned that the
young woman [Ms. Parkhurst] rear-ended the vehicle behind mine,
which in turn pushed that vehicle into mine.
***
11. I have reviewed the police accident report and it accurately
documents the information I provided to the police. It also accurately
documents how the accident occurred according to the information
that was provided to me by Mr. Brown and Ms. Parkhurst. . . .
12. I had been at a complete stop for more than 30 second [sic] before the
subject accident occurred and Mr. Brown was also at a complete stop
before the accident occurred. . . .
NYSCEF Document 22 [Affidavit of Andrew P. Petrus dated September 27, 2021] at ¶¶ 4-8 and 11-12.
The Police Accident Report recited that
The driver of vehicle-2 [Brown] stated as he was stopped in traffic, he was rear ended
by the driver of vehicle-1 [Parkhurst], the driver of vehicle-2 [Brown] then struck
vehicle-3 [Petrus] that was also stopped in traffic. . . . driver of vehicle-3 [Petrus]
gave the same account as did vehicle-2 [Brown]
NYSCEF Document 21 [Police Accident Report dated April 6, 2018].
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Brown did not submit any affidavit disputing the sequence of events provided by Petrus.
In opposition to the motion Brown’s attorney merely asserted that
Questions of fact exists [sic] without the completion of discovery. Was Defendant
Petrus backing unsafely and striking Plaintiff Brown's vehicle? Did Defendant
Petrus’ vehicle have proper maintenance, and was it in proper working order prior
to the motor vehicle accident? Were Defendant Petrus’ brake lights and brakes
operating correctly? . . .
NYSCEF Document 30 [Attorney’s Affidavit in Opposition to Defendant’s Motion for Summary Judgment by Eric
P. Smith, Esq., dated September 27, 2021] at ¶ 21.
It is undisputed that the Parkhurst vehicle rear-ended the Brown vehicle, which in turn was moved to rear-
end the Petrus vehicle; none of the claims asserted in the complaint, the bill of particulars, or the affidavit of
Brown’s attorney raise a triable issue of fact with respect to the negligence of Petrus as the driver of an undeniably
and appropriately stopped vehicle.
The Court will dismiss the complaint against Petrus, and the cross-claim by the Defendants Nikki Parkhurst
and Madison Parkhurst against Petrus.
NOW, it is hereby
ORDERED AND ADJUDGED that the motion of the Defendant Andrew Petrus for an order granting
summary judgment dismissing Plaintiff Shateek Brown’s complaint and the Defendants Madison Parkhurst and
Nikki Parkhurst’s cross-claim pursuant to CPLR § 3212 is hereby granted, and it is further
ORDERED AND ADJUDGED that the Defendant Andrew Petrus is hereby awarded costs and
disbursements pursuant to CPLR § 8106 and CPLR § 8301(b) against the Plaintiff Shateek Brown.
Dated: January 27, 2022 ENTER,
___________________________________________
HON. ROBERT E. ANTONACCI II, J.S.C.
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FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:38 AM INDEX NO. 003125/2021 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 01/28/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA ________________________________________________________________________ SHATEEK BROWN, Plaintiff NOTICE OF ENTRY vs. Index No. 003125/2021 MADISON PARKHURST, NIKKI PARKHURST, ANDREW PETRUS, Defendants. ________________________________________________________________________ PLEASE TAKE NOTICE that the within is a true copy of a Decision and Order of the Hon. Robert E. Antonacci, II, J.S.C., dated January 27, 2022, and electronically entered in the office of the Onondaga County Clerk on January 28, 2022, [NYSCEF Doc. No. 40]. Dated: January 28, 2022 SMITH, SOVIK, KENDRICK & SUGNET, P.C. By: Kristin L. Norfleet, Esq. Attorneys for Defendant Andrew Petrus 250 South Clinton Street, Suite 600 Syracuse, New York 13202 Telephone (315) 474-2911 {S1542587.1} 1 of 6 FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:02 09:38 AM INDEX NO. 003125/2021 NYSCEF DOC. NO. 40 41 RECEIVED NYSCEF: 01/27/2022 01/28/2022 At a term of the Supreme Court of the State of New York, held in and for the County of Onondaga, on November 3, 2021. STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA SHATEEK BROWN, Plaintiff, DECISION AND ORDER v. Motion Sequence # 1 Short Form MADISON PARKHURST, NIKKI PARKHURST and Index No. 003125/2021 ANDREW PETRUS, Defendants. Appearances: Eric P. Smith, Esq. Attorney for Plaintiff J. William Savage, Esq. Attorney for Defendants Madison Parkhurst and Nikki Parkhurst Kristin L. Norfleet, Esq. Attorney for Defendant Andrew Petrus ANTONACCI II, J.S.C. The following papers having been considered by the Court on Defendant Andrew Petrus’s (hereinafter “Petrus”) amended motion for summary judgment dismissing Plaintiff Shateek Brown’s (hereinafter “Brown”) complaint and the Defendants Madison Parkhurst and Nikki Parkhurst’s cross-claim pursuant to CPLR § 3212: NYSCEF Documents 1, 14 through 24, 26, and 28 through 39 Defendants Madison Parkhurst and Nikki Parkhurst did not submit any papers in opposition to the amended motion. See NYSCEF Document 26 [Letter from J. William Savage, Esq., dated October 25, 2021]. Page 1 of 5 1 2 of 5 6 FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:02 09:38 AM INDEX NO. 003125/2021 NYSCEF DOC. NO. 40 41 RECEIVED NYSCEF: 01/27/2022 01/28/2022 Brown alleges that 23. That on or about the 6th day of April, 2018, at approximately 12:10 p.m., while traveling at or about South Geddes Street at the intersecting street of Erie Blvd. W, in the City of Syracuse, County of Onondaga, State of New York, a motor vehicle operated by defendant, MADISON PARKHURST and owned by Defendants MADISON PARKHURST and/or NIKKI PARKHURST and a motor vehicle owned and operated by Defendant ANDREW PETRUS violently made contact with a motor vehicle owned and operated by SHATEEK BROWN. *** 25. That the defendant [ANDREW PETRUS], was negligent, careless, and reckless in the use, management, entrustment, maintenance, ownership, and/or operation of the aforesaid motor vehicle; in violation of the laws, statutes, and ordinances in such cases made and provided; in failing to keep a proper lookout; in operating said motor vehicle at an excessive rate of speed and/or a greater speed than care and caution would permit under the circumstances; in failing to make timely and proper use of his vehicle's brakes, braking system, and/or braking mechanisms; in making unsafe lane changes in violation of existing New York motor vehicle statutes; in failing to yield the right of way to plaintiff's motor vehicle; in failing to make proper use of his vehicle's warning devices; in failing to operate his motor vehicle properly in the proper lane of traffic and travel; in following too closely; in failing to exercise due care and caution to avoid colliding with another motor vehicle; and was otherwise negligent, careless, and reckless. NYSCEF Document 1 [Summons and Complaint] at ¶¶ 23 and 24. Brown further alleges that 3. A general statement of the acts or emissions constituting the negligence that the plaintiff will claim at the time of trial as against the defendant, ANDREW PETRUS. RESPONSE: . . .Defendant, Wade H. Weekes [sic], negligence, care1essness, recklessness, omissions, and engagement in unlawful conduct includes, but is not limited to, the following: a. failing to keep a proper lookout; b. failing to slow down and/or stop the vehicle; c. operating the brakes of the vehicle in such a careless and negligent manner as to fail to slow down and/or stop the vehicle; Page 2 of 5 2 3 of 5 6 FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:02 09:38 AM INDEX NO. 003125/2021 NYSCEF DOC. NO. 40 41 RECEIVED NYSCEF: 01/27/2022 01/28/2022 d. failing to take necessary precautions to protect the person and/or property of the plaintiff or plaintiffs; e. operating the vehicle in violation of the statutes of the State of New York in such cases made and provided; f. entering the road in an unsafe manner, g. failing to slow down or stop said motor vehicle with reasonable care; h. failing to yield the right-of-way; i. failing to warn of her [sic] approach; j. failing to be reasonably alert; k. carelessness and negligence in omitting or making or permitting timely use of brakes, steering devices, mechanisms and warning devices; 1. failing to take the necessary and proper steps to prevent the collision and accident; m. failing to have the brakes in good and proper working order; n. driving while distracted; o. failing to keep the vehicle in good repair; p. violation of those statutes and ordinances which the evidence at the trial will show to have been offended; q. failing to see what was then and there to be seen; r. operating the motor vehicle at an excessive and unsafe rate of speed; and s. failing to observe prudent and reasonable driving practices. NYSCEF Document 20 [Exhibit E (Plaintiff’s Response to Verified Bill of Particulars)] at ¶ 3 (The responses were apparently drawn from papers prepared for LaFosse v. Weekes, et al., Erie County Supreme Court, Index No. 803930/2019 [See NYSCEF Document 16 in that file]). Page 3 of 5 3 4 of 5 6 FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:02 09:38 AM INDEX NO. 003125/2021 NYSCEF DOC. NO. 40 41 RECEIVED NYSCEF: 01/27/2022 01/28/2022 Brown states that “Brown was stopped at the . . . intersection behind Defendant Petrus when [Brown’s car] was struck by Defendant [Madison Parkhurst]”. NYSCEF Document 30 [Attorney’s Affidavit in Opposition to Defendant’s Motion for Summary Judgment by Eric P. Smith, Esq., dated September 27, 2021] at ¶ 10. Petrus states that 4. . . . I came to a gradual, albeit full and complete stop at the red traffic light on South Geddes Street at its intersection with Erie Boulevard West. There were approximately three to four cars stopped at the light in front of me. 5. While stopped I observed a vehicle come to a full and complete stop behind me. 6. I had been stopped at the red light waiting for it to turn green for about (30) seconds when, suddenly and without warning, my vehicle was rear-ended by the vehicle traveling behind me. 7. I did not witness the vehicle rear-end me, though we had both been stopped before the vehicle behind me rear-ended my vehicle. 8. After the collision, I got out of my vehicle, and spoke to the other two drivers, whom I have since come to learn were Ms. Parkhurst and Mr. Brown. In speaking with the other two drivers, I learned that the young woman [Ms. Parkhurst] rear-ended the vehicle behind mine, which in turn pushed that vehicle into mine. *** 11. I have reviewed the police accident report and it accurately documents the information I provided to the police. It also accurately documents how the accident occurred according to the information that was provided to me by Mr. Brown and Ms. Parkhurst. . . . 12. I had been at a complete stop for more than 30 second [sic] before the subject accident occurred and Mr. Brown was also at a complete stop before the accident occurred. . . . NYSCEF Document 22 [Affidavit of Andrew P. Petrus dated September 27, 2021] at ¶¶ 4-8 and 11-12. The Police Accident Report recited that The driver of vehicle-2 [Brown] stated as he was stopped in traffic, he was rear ended by the driver of vehicle-1 [Parkhurst], the driver of vehicle-2 [Brown] then struck vehicle-3 [Petrus] that was also stopped in traffic. . . . driver of vehicle-3 [Petrus] gave the same account as did vehicle-2 [Brown] NYSCEF Document 21 [Police Accident Report dated April 6, 2018]. Page 4 of 5 4 5 of 5 6 FILED: ONONDAGA COUNTY CLERK 01/28/2022 09:02 09:38 AM INDEX NO. 003125/2021 NYSCEF DOC. NO. 40 41 RECEIVED NYSCEF: 01/27/2022 01/28/2022 Brown did not submit any affidavit disputing the sequence of events provided by Petrus. In opposition to the motion Brown’s attorney merely asserted that Questions of fact exists [sic] without the completion of discovery. Was Defendant Petrus backing unsafely and striking Plaintiff Brown's vehicle? Did Defendant Petrus’ vehicle have proper maintenance, and was it in proper working order prior to the motor vehicle accident? Were Defendant Petrus’ brake lights and brakes operating correctly? . . . NYSCEF Document 30 [Attorney’s Affidavit in Opposition to Defendant’s Motion for Summary Judgment by Eric P. Smith, Esq., dated September 27, 2021] at ¶ 21. It is undisputed that the Parkhurst vehicle rear-ended the Brown vehicle, which in turn was moved to rear- end the Petrus vehicle; none of the claims asserted in the complaint, the bill of particulars, or the affidavit of Brown’s attorney raise a triable issue of fact with respect to the negligence of Petrus as the driver of an undeniably and appropriately stopped vehicle. The Court will dismiss the complaint against Petrus, and the cross-claim by the Defendants Nikki Parkhurst and Madison Parkhurst against Petrus. NOW, it is hereby ORDERED AND ADJUDGED that the motion of the Defendant Andrew Petrus for an order granting summary judgment dismissing Plaintiff Shateek Brown’s complaint and the Defendants Madison Parkhurst and Nikki Parkhurst’s cross-claim pursuant to CPLR § 3212 is hereby granted, and it is further ORDERED AND ADJUDGED that the Defendant Andrew Petrus is hereby awarded costs and disbursements pursuant to CPLR § 8106 and CPLR § 8301(b) against the Plaintiff Shateek Brown. Dated: January 27, 2022 ENTER, ___________________________________________ HON. ROBERT E. ANTONACCI II, J.S.C. Page 5 of 5 5 6 of 5 6