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SAUNDERS v. LOCOROTONDO

288 A.D.2d 74 (2001)

733 N.Y.S.2d 31

JACQUELINE SAUNDERS, Appellant, v. ANTONIO LOCOROTONDO, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 15, 2001.

Since defendant provided an explanation not involving negligence on his part as to how his car came to strike plaintiff's vehicle from behind, the motion court properly denied plaintiff's motion for summary judgment on the issue of liability (cf., Shelton v Rivera, 286 A.D.2d 587). In addition, contrary to plaintiff's contention, the evidence on the motion did not warrant the motion court finding, as a matter of law, that defendant...

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