Rugova v. Davis

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered October 5, 2012, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The motion court improvidently exercised its discretion by not considering defendant’s reply papers, and we review them in determining the appeal (see CPLR 2004).

Defendant demonstrated his prima facie entitlement to judgment as a matter of law by showing that his car was struck in the rear by plaintiffs…