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Moustapha v. Riteway International Removal

Appellate Division of the Supreme Court of New York, First Department
May 1, 2001
283 A.D.2d 175 (N.Y. App. Div. 2001)

Opinion

May 1, 2001.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered February 25, 2000, which granted plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Patrick D. Gatti, for Plaintiff-Respondent.

Deanna E. Hazen, for Defendants-Appellants.

Before: Rosenberger, J.P., Nardelli, Tom, Wallach, Saxe, JJ.


Since a prima facie case of negligence was made out against defendant driver Pittaro by proof that his vehicle struck plaintiff's vehicle from behind, and defendant did not meet his consequent burden to offer proof in evidentiary form providing an explanation for the collision other than his own negligence, plaintiff's motion for partial summary judgment as to liability was properly granted (see, Johnson v. Phillips, 261 A.D.2d 269, 271). Defendant Pittaro's conclusory statement that he rear-ended plaintiff's vehicle because plaintiff stopped short was insufficient to raise any issue of fact as to whether the accident was attributable to factors apart from Pittaro's failure to maintain a safe distance behind plaintiff's vehicle (see, Figueroa v. Luna, 281 A.D.2d 204, 2001 N Y App. Div. LEXIS 2243).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Moustapha v. Riteway International Removal

Appellate Division of the Supreme Court of New York, First Department
May 1, 2001
283 A.D.2d 175 (N.Y. App. Div. 2001)
Case details for

Moustapha v. Riteway International Removal

Case Details

Full title:SAKHO MOUSTAPHA, PLAINTIFF-RESPONDENT v. RITEWAY INTERNATIONAL REMOVAL…

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

Date published: May 1, 2001

Citations

283 A.D.2d 175 (N.Y. App. Div. 2001)
724 N.Y.S.2d 52

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