In opposition to plaintiff's prima facie showing by affidavit that defendant's truck was backing up unsafely when it collided with his moving vehicle, defendants raised an issue of fact by submitting the individual defendant's affidavit that his truck was stopped when plaintiff's vehicle rear-ended it (see Martinez v Clean Air Car Serv. & Parking Branch One, LLC,
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BUTLER v. CRUZ
Index No. 301399/15. Appeal No. 13509. Case No. 2020-03955.
193 A.D.3d 447 (2021)
141 N.Y.S.3d 695
2021 NY Slip Op 02095
Trevor M. Butler, Appellant, v. Jose R. Cruz et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 6, 2021.
Decided April 6, 2021.
Attorney(s) appearing for the Case
Law Offices of Aleksandr Vakarev, Brooklyn ( Harlan Wittenstein of counsel), for appellant.
Rawle & Henderson LLP, New York ( Stephen J. Levy of counsel), for respondents.
Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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