SUMMARY JUDGMENT ON LIABILITY GRANTED TO MOTORIST IN REAR-END COLLISION

Court: Supreme Court, Appellate Division, First Department, New York

Case: Juan A. Rosario v. William Vasquez

Date: March 15, 2012

From: New York attorney Gary E. Rosenberg

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Order, Supreme Court, Bronx County (John A. Barone, J.), entered September 19, 2011, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, the motion granted, and the matter remanded for further proceedings.

Plaintiff made a prima facie showing of entitlement to judgment as a matter of law as to liability by submitting his affidavit stating that, while his vehicle was stopped at a red light, it was struck in the rear by a vehicle operated by defendant Guzman-Sosa and owned by defendant Vasquez (Avant v. Cepin Livery Corp., 74 A.D.3d 533, 534, 904 N.Y.S.2d 381 [2010]).

In opposition, defendants failed to provide a nonnegligent explanation for the collision (Avant, 74 A.D.3d at 534, 904 N.Y.S.2d 381); (cf. Ebanks v. Triboro Coach Corp., 304 A.D.2d 406, 757 N.Y.S.2d 296 [2003]). The uncertified police accident report submitted by defendants constitutes hearsay and, in any event, does not support Guzman-Sosa's account of the accident (see Rivera v. GT Acquisition 1 Corp., 72 A.D.3d 525, 526, 899 N.Y.S.2d 46 [2010]).

Contrary to the motion court's finding, depositions are not needed, since Guzman-Sosa had personal knowledge of the facts (see Avant, 74 A.D.3d at 534, 904 N.Y.S.2d 381).

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