Opinion
04-11-2017
Paulus BROWN, Plaintiff–Appellant, v. Deborah NOCELLA, et al., Defendants–Respondents.
Burns & Harris, New York (Blake G. Goldfarb of counsel), for appellant.
Burns & Harris, New York (Blake G. Goldfarb of counsel), for appellant.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered February 24, 2016, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff established entitlement to judgment as a matter of law in this action for personal injuries sustained when plaintiff's vehicle was struck from behind by defendants' vehicle (see e.g. Santana v. Tic–Tak Limo Corp., 106 A.D.3d 572, 573–574, 966 N.Y.S.2d 30 [1st Dept.2013] ). In opposition, defendants failed to provide a nonnegligent explanation for the accident. Defendants' response to the motion consisted of an affirmation of their attorney, who had no personal knowledge, and who argued only that the motion was premature, since discovery was outstanding (see McCarthy v. Art Van Lines USA Inc., 144 A.D.3d 483, 40 N.Y.S.3d 757 [1st Dept.2016] ; Gyabaah v. Rivlab Transp. Corp., 129 A.D.3d 447, 9 N.Y.S.3d 576 [1st Dept. 2015] ).
SWEENY, J.P., ANDRIAS, MOSKOWITZ, KAHN, GESMER, JJ., concur.