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SERRANO v. DTG ENTER. INC.

9180, 26802/16.

172 A.D.3d 438 (2019)

97 N.Y.S.3d 479

2019 NY Slip Op 03469

Jesus Serrano, Appellant, et al., Plaintiff, v. DTG Enterprise Inc. et al., Respondents.

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

Decided May 2, 2019.

It is undisputed that Serrano made a prima facie showing that he was entitled to summary judgment by establishing that the vehicle he was driving was stopped when it was rear-ended by the vehicle driven by defendant Castillo (Morgan v Browner, 138 A.D.3d 560 [1st Dept 2016]). Defendants failed to set forth any non-negligent explanation for the accident. The accident occurred at the intersection...

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