Legal Opinion
Rodriguez v. Garcia
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 2017No. 4777PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Donna Mills, J.), entered April 5, 2017, 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 by submitting an affidavit averring that while she was stopped in traffic, the vehicle operated by defendant Garcia struck her vehicle from behind. In opposition, defendants failed to raise a triable issue of fact, as they did not provide a non-negligent explanation for the collision (see…
2Cases cited4 opinions
- Johnson v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1999
- Dicturel v. DukurehAppellate Division of the Supreme Court of the State of New York · 2010
- Cruz v. LiseAppellate Division of the Supreme Court of the State of New York · 2014
- Castaneda v. DO&CO New York Catering, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
3Cited by6 opinions
- Mirza v. Tribeca Auto. Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Mirza v. Tribeca Auto. Inc.Appellate Division of the Supreme Court of the State of New York · 2020
- Reyes v. GropperAppellate Division of the Supreme Court of the State of New York · 2023
- Reyes v. GropperAppellate Division of the Supreme Court of the State of New York · 2023
- Edwards v. AponteAppellate Division of the Supreme Court of the State of New York · 2020
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