Rivera v Gardillo |
2014 NY Slip Op 00215 [113 AD3d 667] |
January 15, 2014 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Gustave A. Rivera, Appellant, v Ivan O. Gardillo et al., Respondents. |
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Jeffrey Samel & Partners, New York, N.Y. (David M. Samel of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jacobson, J.), dated May 17, 2012, which denied his motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff established his prima facie entitlement to judgment as a matter of law by submitting a transcript of his deposition testimony, wherein he stated that he had been at a complete stop when his vehicle was struck in the rear by a vehicle driven by the defendant Ivan O. Gardillo (see DeLouise v S.K.I. Wholesale Beer Corp., 75 AD3d 489 [2010]; Volpe v Limoncelli, 74 AD3d 795 [2010]; Staton v Ilic, 69 AD3d 606 [2010]; Lampkin v Chan, 68 AD3d 727 [2009]). However, in opposition to the motion, the defendants raised a triable issue of fact by proferring a nonnegligent explanation for the accident (see Briceno v Milbry, 16 AD3d 448 [2005]; Simpson v Eastman, 300 AD2d 647 [2002]; Artis v Jamaica Buses, 262 AD2d 511 [1999]). Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the issue of liability. Skelos, J.P., Dillon, Dickerson and Austin, JJ., concur.