Garner v. Chevalier Transportation Corp.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Martin, J.), dated July 15, 2008, which denied his motion for summaiy judgment on the issue of liability, with leave to renew upon the completion of discovery.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for summary judgment on the issue of liability is granted.

On June 23, 2004, the plaintiff’s vehicle was struck from behind by a vehicle owned by the defendant Chevalier Transportation Corp. and operated by the defendant Jeffery…