Opinion
2014-01-15
Gustave A. RIVERA, appellant, v. Ivan O. GARDILLO, et al., respondents.
Wingate, Russotti, Shapiro & Halperin, LLP, New York, N.Y. (Joseph P. Stoduto of counsel), for appellant. Jeffrey Samel & Partners, New York, N.Y. (David M. Samel of counsel), for respondents.
Wingate, Russotti, Shapiro & Halperin, LLP, New York, N.Y. (Joseph P. Stoduto of counsel), for appellant. Jeffrey Samel & Partners, New York, N.Y. (David M. Samel of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated May 17, 2012, which denied his motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
The plaintiff established his prima facie entitlement to judgment as a matter of law by submitting a transcript of his deposition testimony, wherein he stated that he had been at a complete stop when his vehicle was struck in the rear by a vehicle driven by the defendant Ivan O. Gardillo ( see DeLouise v. S.K.I. Wholesale Beer Corp., 75 A.D.3d 489, 904 N.Y.S.2d 761; Volpe v. Limoncelli, 74 A.D.3d 795, 902 N.Y.S.2d 152; Staton v. Ilic, 69 A.D.3d 606, 892 N.Y.S.2d 486; Lampkin v. Chan, 68 A.D.3d 727, 891 N.Y.S.2d 113). However, in opposition to the motion, the defendants raised a triable issue of fact by proffering a nonnegligent explanation for the accident ( see Briceno v. Milbry, 16 A.D.3d 448, 791 N.Y.S.2d 622; Simpson v. Eastman, 300 A.D.2d 647, 753 N.Y.S.2d 104; Artis v. Jamaica Buses, 262 A.D.2d 511, 693 N.Y.S.2d 607). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability. SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.