SANYANG v. DAVIS

Index No. 28415/19E. Appeal No. 14398. Case No. 2020-03291.

198 A.D.3d 522 (2021)

152 N.Y.S.3d 798

2021 NY Slip Op 05680

Demba Sanyang et al., Appellants, v. Eddie Leroy Davis Jr. et al., Respondents.

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

Decided October 19, 2021.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellants.

Gallo Vitucci Klar LLP, Woodbury ( James F. Desmond of counsel), for respondents.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.


Plaintiffs' affidavits were sufficient to make a prima facie showing of negligence on defendants' part. Each plaintiff averred that the collision occurred when a truck owned and operated by defendants rear-ended the vehicle in which they were traveling (see Morgan v Browner, 138 A.D.3d 560, 560 [1st Dept 2016]).

In opposition, defendants raised an issue of fact by offering a nonnegligent explanation for the collision through...

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