Rosario v. Vasquez

Order, Supreme Court, Bronx County (John A. Barone, J.), entered September 19, 2011, which denied plaintiffs motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, the motion granted, and the matter remanded for further proceedings.

Plaintiff made a prima facie showing of entitlement to judgment as a matter of law as to liability by submitting his affidavit stating that, while his vehicle was stopped at a red light, it was struck in the rear by a vehicle operated by defendant Guzman-Sosa and owned by defendant Vasquez (Avant v Cepin…