Alvarez v. Bryant

2016 NY Slip Op 6756, 143 A.D.3d 527, 38 N.Y.S.3d 799

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 13, 2016
• Docket: 1906 303148/14
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered July 28, 2015, which, in this action for personal injuries arising out of a motor vehicle accident, granted plaintiffs’ motion for partial summary on the issue of liability, unanimously affirmed, with costs.

Plaintiffs established their entitlement to judgment as a matter of law on the issue of liability by submitting evidence showing that the vehicle owned by defendant MJJ. Service, Inc. and operated by defendant Bryant rear-ended the car in which plaintiffs were passengers. Defendants’ opposition failed to raise a triable issue of fact, as they did not proffer a non- negligent explanation for the accident (see Chowdhury v Matos, 118 AD3d 488 [1st Dept 2014]). Defendants’ assertion that the vehicle in which plaintiffs were riding stopped suddenly in an intersection, does not warrant a different determination (see e.g. Morgan v Browner, 138 AD3d 560 [1st Dept 2016]; Malone v Morillo, 6 AD3d 324 [1st Dept 2004]).

We have considered defendants’ remaining arguments and find them unavailing.

Concur — Tom, J.P., Renwick, Manzanet-Daniels, Gische and Webber, JJ.