Legal Opinion

Tavarez v. Herrasme

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 2016No. 1393 305639/13PublishedCited by 12 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered January 13, 2015, which granted plaintiff’s motion for partial summary judgment on liability, unanimously affirmed, without costs.

The evidence plaintiff submitted in support of his motion for summary judgment established his prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Plaintiff’s affidavit stating that the rear door of defendants’ vehicle “opened without warning” and struck the left side of his vehicle established that defendant driver violated Vehicle and…

2Cases cited3 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Neryaev v. SolonAppellate Division of the Supreme Court of the State of New York · 2004
  3. Montesinos v. CoteAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by12 opinions

  1. Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  2. Garcia v. BLS Limousine Serv. of N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Mirza v. Tribeca Auto. Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  4. Mirza v. Tribeca Auto. Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  5. TKS Realty, LLC v. 391 Broadway LLCAppellate Division of the Supreme Court of the State of New York · 2021

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