Diako v. Yunga

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered February 14, 2014, which denied plaintiffs 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 on the issue of liability by submitting his testimony that he was traveling in the left lane of an expressway at 50 miles per hour when defendants’ vehicle came up behind him at a rapid rate of speed and struck the rear end of his vehicle (see Cruz v Lise, 123 AD3d 514 [1st Dept…