RODRIGUEZ v. GARCIA

4777, 23534/16E.

154 A.D.3d 581 (2017)

2017 NY Slip Op 07399

62 N.Y.S.3d 267

JHENSY RODRIGUEZ, Appellant, v. J. GONZALEZ GARCIA et al., Respondents.

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

Decided October 24, 2017.


Plaintiff established entitlement to judgment as a matter of law by submitting an affidavit averring that while she was stopped in traffic, the vehicle operated by defendant Garcia struck her vehicle from behind. In opposition, defendants failed to raise a triable issue of fact, as they did not provide a nonnegligent explanation for the collision (see Castaneda v DO&CO N.Y. Catering, Inc., 144 A.D.3d 407 [1st Dept 2016]; Cruz...

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