Summary
In Castro v. Rivera, 116 A.D.3d 517, 983 N.Y.S.2d 270 (1st Dept. 2014), the Appellate Division, First Department, held that questions of fact exist where a a driver abruptly changes into a lane prior to the accident.
Summary of this case from Vargas v. CassasOpinion
2014-04-10
Gladys CASTRO, Plaintiff–Appellant, v. Albert RIVERA, et al., Defendants–Respondents.
Brad A. Kauffman, PLLC, New York (Brad A. Kauffman of counsel), for appellant. Morris Duffy Alonso & Faley, New York (Anna J. Ervolina of counsel), for respondents.
Brad A. Kauffman, PLLC, New York (Brad A. Kauffman of counsel), for appellant. Morris Duffy Alonso & Faley, New York (Anna J. Ervolina of counsel), for respondents.
FRIEDMAN, J.P., MOSKOWITZ, FREEDMAN, GISCHE, CLARK, JJ.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 30, 2013, which denied plaintiff's 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 A.D.3d 442, 442, 976 N.Y.S.2d 460 [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 A.D.3d 494, 494, 974 N.Y.S.2d 782 [1st Dept.2013]; compare Cabrera v. Rodriguez, 72 A.D.3d 553, 554, 900 N.Y.S.2d 29 [1st Dept.2010] ).
We have considered plaintiff's remaining contentions and find them unavailing.