Monje v. Figuerola

This is a motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice against the defendants who are represented by the attorneys for the Motor Vehicle Accident Indemnification Corporation pursuant to the provisions of article 17-A of the Insurance Law.

There are two phases to be considered in the disposition of this motion, the first being whether or not the plaintiff has presented sufficient facts to establish absolute liability against the defendant driver and whether said facts in addition thereto satisfy the court that the plaintiff driver was not contributorily…