Gonzalez v. Marescot

Order, Supreme Court, New York County (Arlene R Bluth, J.), entered June 3, 2015, which granted plaintiff’s motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff testified that he stopped his vehicle in the right lane of the highway at night after one of its tires went flat, then activated his hazard lights, exited the vehicle, and stood behind the vehicle while signaling other drivers to go around him. Approximately 10 minutes later, defendant’s vehicle rear-ended plaintiff’s vehicle, allegedly causing…