Opinion
8311 Index 112644/09
02-05-2019
Alex RODRIGUEZ, Plaintiff–Respondent, v. Larry Kaimun SIT, Defendant–Appellant, "John Doe," Defendant.
Thomas Torto, New York, for appellant. H. Bruce Fischer, P.C., Tappan (Zaheer A. Merchant of counsel), for respondent.
Thomas Torto, New York, for appellant.
H. Bruce Fischer, P.C., Tappan (Zaheer A. Merchant of counsel), for respondent.
Friedman, J.P., Mazzarelli, Webber, Kern, Oing, JJ.
Order, Supreme Court, New York County (Adam Silvera, J.), entered May 18, 2018, which denied defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.Defendant established entitlement to judgment as a matter of law by submitting evidence showing that he was not involved in the subject motor vehicle accident. Defendant testified that on the day of the accident he was at home in Queens, his wife was at work, his car was in his garage, and that neither he, nor his wife, had ever been in the vicinity of the accident (see Woods v. Craig, 41 A.D.3d 1260, 837 N.Y.S.2d 478 [4th Dept. 2007] ; see also citing Peele v. Manhattan & Bronx Surface Tr. Operating Auth., 160 A.D.2d 602, 554 N.Y.S.2d 246 [1st Dept. 1990] ).
In opposition, plaintiff failed to raise a triable issue of fact. Such opposition, which consisted only of a police accident report listing a vehicle plate number, purportedly offered by an anonymous witness, was uncorroborated hearsay evidence, insufficient to rebut defendant's entitlement to summary judgment (see Narvaez v. NYRAC, 290 A.D.2d 400, 737 N.Y.S.2d 76 [1st Dept. 2002] ; Matter of Allstate Ins. Co. v. Stricklin, 93 A.D.3d 717, 718–719, 941 N.Y.S.2d 165 [2d Dept. 2012] ).