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BRAND v. COLAS

157224/18ECF. Appeal No. 12419. Case No. 2020-01927.

188 A.D.3d 557 (2020)

132 N.Y.S.3d 643

2020 NY Slip Op 06845

Genna Brand, Respondent, v. Delva Colas et al., Respondents, and Jonathan Resnick, Appellant. Lau Mei Mei et al., Respondents, v. Jennifer Resnick et al., Appellants.

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

Decided November 19, 2020.

The Resnick defendants made a prima facie case that they were not negligent, entitling them to summary judgment.

The Resnick defendants' motion for summary judgment was not opposed by plaintiff Genna Brand. Delva Colas, the driver of the taxi, failed to raise an issue of fact. He was precluded from submitting evidence due to his failure to provide discovery and appear for a deposition. The deposition testimony of defendant...

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