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McCARTHY v. ART VAN LINES USA INC.

2173, 452594/15.

144 A.D.3d 483 (2016)

2016 NY Slip Op 07579

40 N.Y.S.3d 757

KENNETH J. McCARTHY, Appellant, v. ART VAN LINES USA INC. et al., Respondents.

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

Decided November 15, 2016.

Plaintiff established entitlement to judgment as a matter of law on the issue of liability. He submitted an affidavit in which he stated that he was slowing down in heavy traffic when his vehicle was hit in the rear by defendants' vehicle (see e.g. Brown v Smalls, 104 A.D.3d 459 [1st Dept 2013]; Rosario v Vasquez, 93 A.D.3d 509 [1st Dept 2012]). Plaintiff also submitted

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