Opinion

Brown v. Nocella

  • 149 A.D.3d 470
  • 49 N.Y.S.3d 888
  • 2017 NY Slip Op 2755
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 11, 2017
Status
Published
On the bench
Sweeny, Andrias, Moskowitz, Kahn, Gesmer
Cited by
1 cases
Authority
More cited than 55.1%

The opinion

Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered February 24, 2016, which denied plaintiff’s motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff established entitlement to judgment as a matter of law in this action for personal injuries sustained when plaintiff’s vehicle was struck from behind by defendants’ vehicle

(see e.g. Santana v Tic-Tak Limo Corp.,

106 AD3d 572, 573-574 [1st Dept 2013]). In opposition, defendants failed to provide a nonnegligent explanation for the accident. Defendants’ response to the motion consisted of an affirmation of their attorney, who had no personal knowledge, and who argued only that the motion was premature, since discovery was outstand

*471

ing (see

McCarthy v Art Van Lines USA

Inc., 144 AD3d 483 [1st Dept 2016];

Gyabaah v Rivlab Transp. Corp.,

129 AD3d 447 [1st Dept 2015]).

Concur — Sweeny, J.P., Andrias, Moskowitz, Kahn and Gesmer, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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