Morales v. Garzon

120 A.D.3d 1126, 992 N.Y.S.2d 418

Opinion

Judgment, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered June 20, 2013, dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 10, 2013, which granted defendants’ motion for summary judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Defendants established under any version of the facts that plaintiff was negligent, by demonstrating that, while under a darkened overpass, their tractor-trailer was struck in the rear by plaintiffs box truck. Elaintiff failed to provide a nonnegligent explanation for the collision (see Avant v Cepin Livery Corp., 74 AD3d 533 [1st Dept 2010]).

Concur — Mazzarelli, J.E, Renwick, Andrias, Richter and Feinman, JJ.