Opinion
8711 Index 302654/15
03-14-2019
Kenia GARCIA, Plaintiff–Appellant, v. Shauntay E. MCCREA, et al., Defendants–Respondents.
Law Offices of Igor Tarasov, Brooklyn (Harlan Wittenstein of counsel), for appellant. Purcell & Ingrao, P.C., Mineola (Terrance J. Ingrao of counsel), for respondents.
Law Offices of Igor Tarasov, Brooklyn (Harlan Wittenstein of counsel), for appellant.
Purcell & Ingrao, P.C., Mineola (Terrance J. Ingrao of counsel), for respondents.
Richter, J.P., Gische, Kern, Moulton, JJ.
Order, Supreme Court, Bronx County (Donna Mills, J.), entered on or about December 27, 2017, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff made a prima facie showing of negligence on the part of defendants by submitting an affidavit stating that as she was driving through the intersection she noticed that defendant driver failed to stop at the stop sign when plaintiff had the right of way (see Vehicle and Traffic Law § 1142[a] ). Plaintiff was not required to demonstrate her own freedom from comparative negligence to be entitled to summary judgment as to defendants' liability (see Rodriguez v. City of New York, 31 N.Y.3d 312, 76 N.Y.S.3d 898, 101 N.E.3d 366 [2018] ; Silverio v. Ford Motor Co., 168 A.D.3d 608, 90 N.Y.S.3d 894 [1st Dept. 2019] ). Furthermore, defendants' argument that triable issues were raised by the police accident report and weather records is unpersuasive since such documents were uncertified (see e.g. Silva v. Lakins, 118 A.D.3d 556, 557, 988 N.Y.S.2d 585 [1st Dept. 2014] ; Morabito v. 11 Park Place LLC, 107 A.D.3d 472, 967 N.Y.S.2d 694 [1st Dept. 2013] ).