PEREZ v. MURRAY

11656. 24311/16E.

184 A.D.3d 466 (2020)

124 N.Y.S.3d 186

2020 NY Slip Op 03450

Rosalie Perez, Appellant, v. Sharon J. Murray et al., Defendants, and Jeffrey M. DeMartino, Respondent.

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

Decided June 18, 2020.


Defendant established prima facie entitlement to judgment as a matter of law in this action for personal injuries arising from a motor vehicle accident involving four vehicles. It is undisputed that defendant's vehicle never made contact with plaintiff's vehicle. Defendant submitted evidence showing that he was confronted with an emergency not of his making. Defendant's evidence showed that he acted reasonably and prudently by activating his brakes and attempting to move...

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