Opinion
5818 Index 303099/15
02-22-2018
Felix PERDOMO, Plaintiff–Respondent, v. Luis LLANOS, et al., Defendants–Appellants.
Goldberg Segalla LLP, White Plains (William T. O'Connell of counsel), for appellants. Wingate, Rusotti, Shapiro & Halperin, LLP, New York (Victor Goldblum of counsel), for respondent.
Goldberg Segalla LLP, White Plains (William T. O'Connell of counsel), for appellants.
Wingate, Rusotti, Shapiro & Halperin, LLP, New York (Victor Goldblum of counsel), for respondent.
Friedman, J.P., Sweeny, Kahn, Singh, Moulton, JJ.
Order, Supreme Court, Bronx County (Robert T. Johnson, J.), entered on or about May 11, 2017, which, among other things, granted plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.Plaintiff's vehicle was stopped when it was struck in the rear by a vehicle owned by defendant Ari Fleet, Lt. and operated by defendant Luis Llanos. Plaintiff's evidence, including his affidavit attesting to these facts, established a prima facie case of negligence on the part of defendants (see Francisco v. Schoepfer , 30 A.D.3d 275, 275, 817 N.Y.S.2d 52 [1st Dept. 2006] ).
Defendants failed to rebut plaintiff's prima facie showing.Defendants' assertion that plaintiff's vehicle stopped suddenly is insufficient to rebut the presumption of negligence ( Francisco , 30 A.D.3d at 276, 817 N.Y.S.2d 52 ).