Opinion
8239 Index 302990/12
01-29-2019
Jose SILVERIO, Plaintiff–Appellant, v. FORD MOTOR COMPANY, et al., Defendants–Respondents.
Alexander J. Wulwick, New York, for appellant. Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Elliott J. Zucker of counsel), for respondent.
Alexander J. Wulwick, New York, for appellant.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Elliott J. Zucker of counsel), for respondent.
Renwick, J.P., Richter, Mazzarelli, Webber, Kern, JJ.
Plaintiff made a prima facie showing of negligence on the part of defendant Gaines by submitting Gaines's deposition testimony, which stated that the accident at issue occurred when Gaines changed lanes into a lane of moving traffic (see Vehicle and Traffic Law § 1128(a) ; Flores v. City of New York , 66 A.D.3d 599, 888 N.Y.S.2d 27 [1st Dept. 2009] ). In addition, plaintiff was not required to demonstrate his own freedom from comparative negligence to be entitled to summary judgment as to defendants' liability (see Rodriguez v. City of New York , 31 N.Y.3d 312, 76 N.Y.S.3d 898, 101 N.E.3d 366 [2018] ; Derix v. Port Auth. of N.Y. & N.J. , 162 A.D.3d 522, 79 N.Y.S.3d 146 [1st Dept. 2018] ).
We have considered defendants' remaining contentions and find them unavailing.