Opinion
8027 Index 22388/15
01-08-2019
Robert LITTLE, Plaintiff–Respondent, v. Jorge J. MORILLO, et al., Defendants–Respondents, Vanessa Garcia, Defendant–Appellant.
Law Offices of William S. Boorstein, New York (Debora L. Jacques of counsel), for appellant. Rosenbaum & Rosenbaum, P.C., New York (Jonathan Davis of counsel), for Robert Little, respondent. The Law Offices of Richard J. DaVolio, P.C., Sayville (Richard J. DaVolio of counsel), for Jorge J. Morillo and Rolling Frito Lay Sales, LP, respondents.
Law Offices of William S. Boorstein, New York (Debora L. Jacques of counsel), for appellant.
Rosenbaum & Rosenbaum, P.C., New York (Jonathan Davis of counsel), for Robert Little, respondent.
The Law Offices of Richard J. DaVolio, P.C., Sayville (Richard J. DaVolio of counsel), for Jorge J. Morillo and Rolling Frito Lay Sales, LP, respondents.
Renwick, J.P., Manzanet–Daniels, Tom, Mazzarelli, Webber, JJ.
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered March 19, 2018, which, in this action for personal injuries sustained in a multi-vehicle accident, denied the motion of defendant Vanessa Garcia for summary judgment dismissing the complaint and all cross claims as against her, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Defendant Morillo failed to offer a nonnegligent explanation for the accident, in which he struck Garcia's vehicle in the rear, which then struck plaintiff's vehicle (see Morgan v. Browner, 138 A.D.3d 560, 28 N.Y.S.3d 594 [1st Dept. 2016] ). Hence, Morillo's claim that Garcia stopped short is insufficient, as Morillo failed to explain why he did not maintain a safe distance from Garcia, or why, with the light having just turned green, he was unable to stop in time (see e.g. Santana v. Tic–Tak Limo Corp., 106 A.D.3d 572, 573–574, 966 N.Y.S.2d 30 [1st Dept. 2013] ; Profita v. Diaz, 100 A.D.3d 481, 954 N.Y.S.2d 40 [1st Dept. 2012] ). In any event, inasmuch as Morillo also testified that plaintiff, whose vehicle was the first vehicle in this three vehicle accident, also stopped before the accident, Garcia would have had no choice but to stop as well.