Castro v. Rivera

116 A.D.3d 517, 983 N.Y.S.2d 270

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 10, 2014
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 30, 2013, which denied plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff made a prima facie showing of her entitlement to judgment as a matter of law by submitting her affidavit asserting that her car had come to a complete stop before it was struck in the rear by a vehicle driven by defendant Rivera and owned by defendant Empire Metal Supply (see Williams v Kadri, 112 AD3d 442, 442 [1st Dept 2013]).

Defendants, however, raised a triable issue of fact by submitting Rivera’s affidavit averring that plaintiff caused the accident by abruptly changing into his lane prior to the accident (see Beaubrun v Boltachev, 111 AD3d 494, 494 [1st Dept 2013]; compare Cabrera v Rodriguez, 72 AD3d 553, 554 [1st Dept 2010]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Friedman, J.E, Moskowitz, Freedman, Gische and Clark, JJ.