Legal Opinion
Rivera v. Gardillo
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2014PublishedCited by 3 opinions
1Opinion of the Court
The plaintiff established his prima facie entitlement to judgment as a matter of law by submitting a transcript of his deposition testimony, wherein he stated that he had been at a complete stop when his vehicle was struck in the rear by a vehicle driven by the defendant Ivan O. Gardillo (see DeLouise v S.K.I. Wholesale Beer Corp., 75 AD3d 489 [2010]; Volpe v Limoncelli, 74 AD3d 795 [2010]; Staton v Ilic, 69 AD3d 606 [2010]; Lampkin v Chan, 68 AD3d 727 [2009]). However, in opposition to the motion, the defendants raised a triable issue of fact by preferring a nonnegligent explanation for the…
2Cases cited7 opinions
- Volpe v. LimoncelliAppellate Division of the Supreme Court of the State of New York · 2010
- DeLouise v. S.K.I. Wholesale Beer Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Staton v. IlicAppellate Division of the Supreme Court of the State of New York · 2010
- Lampkin v. ChanAppellate Division of the Supreme Court of the State of New York · 2009
- Briceno v. MilbryAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by3 opinions
- D'Agostino v. YRC, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Lisetskiy v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
- Clements v. GiatasAppellate Division of the Supreme Court of the State of New York · 2019