Asante v. Williams

Appellate Division of the Supreme Court of New York

Asante v. Williams

227 A.D.2d 123, 641 N.Y.S.2d 317, 1996 N.Y. App. Div. LEXIS 4769

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 2, 1996

StatusPublished

Cited by6 cases

This text of 227 A.D.2d 123 (Asante v. Williams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Asante v. Williams, 227 A.D.2d 123, 641 N.Y.S.2d 317, 1996 N.Y. App. Div. LEXIS 4769 (N.Y. Ct. App. 1996).

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Opinion

Order, Supreme Court, Bronx County (Alan Saks, J.), entered December 21, 1995, which granted plaintiff’s motion for partial summary judgment against defendants-respondents-appellants on the issue of liability, without prejudice to defendants’ claim of comparative negligence against the codefendants, or to defendants’ claim that plaintiff did not sustain a serious injury, unanimously affirmed, without costs.

Plaintiff’s assertion that the car in which he was a passenger was struck from behind by a car owned and operated by defendants established a prima facie case of defendants’ negligence, and absent any explanation from defendants for the collision, was sufficient to entitle plaintiff to summary judgment against defendants on the issue of liability (Aromando v City of New York, 202 AD2d 617, quoting Silberman v Surrey Cadillac Limousine Serv., 109 AD2d 833). We note that such finding, however, does not resolve any pertinent apportionment of fault between the defendants, including the owner and operator of the car in which plaintiff was a passenger (see, Silberman v Surrey Cadillac Limousine Serv., supra). Concerning the issue of serious injury, it was plaintiff’s burden to make a prima facie showing of such on his motion for summary judgment (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853); having failed to do so, the issue was properly left for trial.

We have considered the parties’ other arguments for affirmative relief and find them to be without merit. Concur— Rosenberger, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.

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Order, Supreme Court, Bronx County (Alan Saks, J.), entered December 21, 1995, which granted plaintiff’s motion for partial summary judgment against defendants-respondents-appellants on the issue of liability, without prejudice to defendants’ claim of comparative negligence against the codefendants, or to defendants’ claim that plaintiff did not sustain a serious injury, unanimously affirmed, without costs.

Plaintiff’s assertion that the car in which he was a passenger was struck from behind by a car owned and operated by defendants established a prima facie case of defendants’ negligence, and absent any explanation from defendants for the collision, was sufficient to entitle plaintiff to summary judgment against defendants on the issue of liability (Aromando v City of New York, 202 AD2d 617, quoting Silberman v Surrey Cadillac Limousine Serv., 109 AD2d 833). We note that such finding, however, does not resolve any pertinent apportionment of fault between the defendants, including the owner and operator of the car in which plaintiff was a passenger (see, Silberman v Surrey Cadillac Limousine Serv., supra). Concerning the issue of serious injury, it was plaintiff’s burden to make a prima facie showing of such on his motion for summary judgment (Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853); having failed to do so, the issue was properly left for trial.

We have considered the parties’ other arguments for affirmative relief and find them to be without merit. Concur— Rosenberger, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.

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Bluebook (online)

227 A.D.2d 123, 641 N.Y.S.2d 317, 1996 N.Y. App. Div. LEXIS 4769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asante-v-williams-nyappdiv-1996.

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