Pillasagua v. Losco

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Nahman, J.), dated May 7, 2015, as denied that branch of his motion which was for summary judgment on the issue of liability.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff testified at his deposition that between 1:00 a.m. and 2:00 a.m. on the morning of November 10, 2013, he was sitting in the driver’s seat of a parked vehicle when it was struck in the rear by a vehicle owned and operated by…