ALVAREZ v. BRYANT

1906, 303148/14.

143 A.D.3d 527 (2016)

2016 NY Slip Op 06756

38 N.Y.S.3d 799

MARILYN ALVAREZ et al., Respondents, v. JEROME BRYANT et al., Appellants.

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

Decided October 13, 2016.


Plaintiffs established their entitlement to judgment as a matter of law on the issue of liability by submitting evidence showing that the vehicle owned by defendant MJJ. Service, Inc. and operated by defendant Bryant rear-ended the car in which plaintiffs were passengers. Defendants' opposition failed to raise a triable issue of fact, as they did not proffer a nonnegligent explanation for the accident (see Chowdhury v Matos...

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