MAYNARD v. VANDYKE

2035, 304120/09

69 A.D.3d 515 (2010)

893 N.Y.S.2d 53

2010 NY Slip Op 556

CHONDA MAYNARD, Appellant, v. PATTI VANDYKE, Respondent.

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

Decided January 26, 2010.


Plaintiff's vehicle, while stopped at a traffic light, was struck in the rear by defendant's vehicle. In opposition to plaintiff's motion for summary judgment, defendant failed to raise a question of fact as to whether there was a nonnegligent reason for the collision (see Mullen v Rigor, 8 A.D.3d 104 [2004]). Since defendant herself would be the party with knowledge of any such nonnegligent reasons, it does not avail her that her...

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