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CASTANEDA v. DO&CO NEW YORK CATERING, INC.

2079, 155172/15.

144 A.D.3d 407 (2016)

2016 NY Slip Op 07118

39 N.Y.S.3d 857

JOSE CASTANEDA et al., Appellants, v. DO&CO NEW YORK CATERING, INC., et al., Respondents.

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

Decided November 1, 2016.

Plaintiffs established entitlement to judgment as a matter of law by submitting evidence showing that they were injured when defendants' vehicle hit their stopped vehicle from behind as they waited at a red light (see Rosario v Vasquez, 93 A.D.3d 509 [1st Dept 2012]). In opposition, defendants failed to raise a triable issue of fact. Defendants did not provide a nonnegligent explanation for why their vehicle rear-ended plaintiffs...

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