Rear-Ended Plaintiff Entitled to Summary Judgment, Court Holds

From Vasquez v. Chimborazo, 2017 NY Slip Op 07774 (NY App. Div. 1st Dept. Nov. 9, 2017):

Plaintiff established her entitlement to judgment as a matter of law by submitting evidence that her vehicle was stopped at a red light when it was rear-ended by defendants’ vehicle (see Bajrami v Twinkle Cab Corp., 147 AD3d 649 [1st Dept 2017]). In opposition, defendants failed to provide a nonnegligent explanation for the accident. Defendants’ opposition consisted of an affirmation of their attorney, who had no personal knowledge of the accident (see Brown v Nocella, 149 AD3d 470 [1st Dept 2017]). Moreover, the contention by defendants’ counsel that plaintiff’s vehicle stopped suddenly in the intersection was insufficient to rebut the presumption of negligence on the part of defendants’ vehicle (see Alvarez v Bryant, 143 AD3d 527 [1st Dept 2016]).

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