Binetti v. Infante

Order, Supreme Court, Bronx County (Nelson Roman, J.), entered December 22, 2005, which, in an action for personal injuries sustained when plaintiff was struck by defendants’ car, denied plaintiffs unopposed motion for partial summary judgment on the issue of defendants’ liability, unanimously affirmed, without costs.

The motion court correctly held that plaintiffs proof on the motion, consisting mainly of the deposition transcripts of herself and defendant driver, does not show, prima facie, that the driver’s actions in backing up her car were negligent, and, if so, the sole proximate cause…