Gomez v. Sammy's Transport, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Lewis, J.), dated December 17, 2004, which denied their motion for summary judgment on the issue of liability.
Ordered that the order is reversed, on the law, with costs, and the motion is granted.
The Supreme Court erred in denying the plaintiffs’ motion for summary judgment on the issue of liability. The affidavit of the plaintiff Luis A. Gomez established, prima facie, that the plaintiffs’ vehicle was struck by the defendants’ tractor trailer as the tractor trailer…
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