Opinion
4896, 306489/14.
11-09-2017
Angelique VASQUEZ, Plaintiff–Appellant, v. Segundo I. Buri CHIMBORAZO, et al., Defendants–Respondents.
Law Offices of Alexander Bespechny, Bronx (Louis A. Badolato of counsel), for appellant. Law Offices of Gialleonardo Gizzo & Rayhill, White Plains (Peter H. Cohen of counsel), for respondents.
Law Offices of Alexander Bespechny, Bronx (Louis A. Badolato of counsel), for appellant.
Law Offices of Gialleonardo Gizzo & Rayhill, White Plains (Peter H. Cohen of counsel), for respondents.
Order, Supreme Court, Bronx County (Donna M. Mills, J.), entered November 28, 2016, which, in this action for personal injuries sustained in a motor vehicle accident, 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 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 A.D.3d 649, 46 N.Y.S.3d 879 [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 A.D.3d 470, 49 N.Y.S.3d 888 [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 A.D.3d 527, 38 N.Y.S.3d 799 [1st Dept.2016] ).
MANZANET–DANIELS, J.P., ANDRIAS, GISCHE, KERN, SINGH, JJ., concur.