McCarthy v. Art Van Lines USA Inc.

Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered on or about March 21, 2016, which denied plaintiff’s motion for partial summary judgment on the issue of liability and dismissing the third, fourth, fourteenth and fifteenth affirmative defenses, unanimously reversed, on the law, without costs, and the motion granted.

Plaintiff established entitlement to judgment as a matter of law on the issue of liability. He submitted an affidavit in which he stated that he was slowing down in heavy traffic when his vehicle was hit in the rear by defendants’ vehicle (see e.g. Brown v…