Verdejo v. Aguirre

Appellate Division of the Supreme Court of New York

Verdejo v. Aguirre

8 A.D.3d 63, 777 N.Y.S.2d 648, 2004 N.Y. App. Div. LEXIS 7867

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

DecidedJune 8, 2004

StatusPublished

Cited by5 cases

This text of 8 A.D.3d 63 (Verdejo v. Aguirre) 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

Verdejo v. Aguirre, 8 A.D.3d 63, 777 N.Y.S.2d 648, 2004 N.Y. App. Div. LEXIS 7867 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered January 28, 2004, which, in an action for personal injuries sustained in an accident in which the vehicle driven by defendant-respondent was hit in the rear by the vehicle driven and owned by defendants-appellants, insofar as appealed from, granted respondent’s motion for summary judgment dismissing appellants’ cross claim against him, unanimously affirmed, without costs.

In support of the motion, respondent asserted that he brought his vehicle to a gradual stop at a red light and was stationary for 30 seconds when it was hit from behind by appellants’ vehicle. In opposition, appellant driver asserted that respondent’s vehicle “suddenly and without warning attempted to come to an abrupt stop,” and, while acknowledging that the accident occurred near an intersection, does not mention a traffic light or describe the traffic conditions. Such opposition does not explain why appellant driver did not maintain a safe distance from the vehicle in front of him, and otherwise fails to adduce facts suf[64]*64ficient to raise a genuine issue of fact as to whether any negligence on respondent’s part contributed to the accident (see Johnson v Phillips, 261 AD2d 269, 271 [1999]; Figueroa v Luna, 281 AD2d 204, 206 [2001]). Concur—Nardelli, J.P., Saxe, Sullivan, Marlow and Catterson, JJ.

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Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered January 28, 2004, which, in an action for personal injuries sustained in an accident in which the vehicle driven by defendant-respondent was hit in the rear by the vehicle driven and owned by defendants-appellants, insofar as appealed from, granted respondent’s motion for summary judgment dismissing appellants’ cross claim against him, unanimously affirmed, without costs.

In support of the motion, respondent asserted that he brought his vehicle to a gradual stop at a red light and was stationary for 30 seconds when it was hit from behind by appellants’ vehicle. In opposition, appellant driver asserted that respondent’s vehicle “suddenly and without warning attempted to come to an abrupt stop,” and, while acknowledging that the accident occurred near an intersection, does not mention a traffic light or describe the traffic conditions. Such opposition does not explain why appellant driver did not maintain a safe distance from the vehicle in front of him, and otherwise fails to adduce facts suf[64]*64ficient to raise a genuine issue of fact as to whether any negligence on respondent’s part contributed to the accident (see Johnson v Phillips, 261 AD2d 269, 271 [1999]; Figueroa v Luna, 281 AD2d 204, 206 [2001]). Concur—Nardelli, J.P., Saxe, Sullivan, Marlow and Catterson, JJ.

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Bluebook (online)

8 A.D.3d 63, 777 N.Y.S.2d 648, 2004 N.Y. App. Div. LEXIS 7867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verdejo-v-aguirre-nyappdiv-2004.

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