Castro v. Rivera

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 30, 2013, which denied plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff made a prima facie showing of her entitlement to judgment as a matter of law by submitting her affidavit asserting that her car had come to a complete stop before it was struck in the rear by a vehicle driven by defendant Rivera and owned by defendant Empire Metal Supply (see Williams v Kadri, 112 AD3d 442, 442 [1st Dept 2013]).

Defendants, however, raised a triable issue of fact by…