The New York Supreme Court in Richmond County has granted summary judgment to Viviane De Souza Schachner in her personal injury case against Francisco J. Toledo Stoykov. The ruling, issued on February 20, 2026, addresses liability in a motor vehicle collision that occurred on May 15, 2024, on Corson Avenue in Staten Island. This decision is significant as it clarifies the responsibilities of drivers when entering traffic from a parked position.
In this case, Schachner sought damages for injuries sustained during the collision. The court's decision impacts not only the parties involved but also sets a precedent for similar cases involving vehicle collisions and driver negligence in New York.
Background
The parties in this case are Viviane De Souza Schachner, the plaintiff, and Francisco J. Toledo Stoykov, along with co-defendant Yaquelin G. Limon Stoykov. The dispute arose from a car accident that occurred when Schachner's vehicle was struck by Stoykov's vehicle as he attempted to enter the roadway from a parked position.
The incident took place on Corson Avenue, a one-way street with designated parking lanes. Schachner filed a Summons and Verified Complaint on December 20, 2024, seeking damages for personal injuries. The defendants responded with a Verified Answer, admitting ownership of the vehicle but asserting affirmative defenses, including claims of assumption of risk and comparative negligence.
Both Schachner and Stoykov provided sworn testimony during depositions, which became crucial evidence in the court's review. Schachner claimed she was driving lawfully when Stoykov's vehicle collided with hers.
The Ruling
The court ruled in favor of Schachner, granting her motion for summary judgment on the issue of liability. Judge Ronald Castorina Jr. stated, "Defendant admitted under oath that he moved his vehicle from a parked position into the lane of moving traffic and struck Plaintiff's vehicle." This admission was pivotal in establishing Stoykov's negligence.
Furthermore, the court found that Stoykov violated several sections of the Vehicle and Traffic Law, which require drivers to ensure it is safe to enter traffic. The judge noted, "Defendant's admissions establish violation of this statutory duty," which constituted negligence per se. This ruling emphasized that a driver must yield the right of way when entering a roadway from a parked position.
Impact
This ruling has significant implications for future motor vehicle accident cases in New York. It reinforces the legal expectation that drivers must take appropriate precautions when transitioning from a parked position into traffic. The decision clarifies that failing to observe approaching vehicles before entering the roadway constitutes negligence.
The court also struck down the defendants' affirmative defenses, including claims of assumption of risk and comparative negligence, which could have complicated the case. By doing so, the ruling simplifies the legal landscape for plaintiffs in similar situations, allowing them to focus on proving liability without the burden of these defenses.
What's Next
Following this ruling, the case will proceed to the next phase, which involves determining the damages owed to Schachner. The defendants may have the option to appeal the decision, but details regarding any potential appeal were not available in the court filing.