Cashman v. Berroa

In this personal injury action, plaintiff alleges that he was struck by the side mirror of a van driven by defendant Berroa, and that Berroa was driving the van while in the course of his employment with defendant Parkchester.

Defendant Parkchester made a prima facie showing of its entitlement to judgment as a matter of law with evidence that Berroa owned the offending vehicle and was not employed by Parkchester at the time of the accident.

In opposition, plaintiff failed to raise a triable issue of fact. The uncertified public safety report plaintiff submitted is not in admissible form and…