Opinion
2014-03-18
Thabet AL–NASHASH, Plaintiff–Appellant, v. SOUTRA LIMOUSINE INC., et al., Defendants–Respondents.
Reid B. Wissner, New York for appellant. Law Office of Marjorie E. Bornes, Brooklyn (Marjorie E. Bornes of counsel for respondents.
Reid B. Wissner, New York for appellant. Law Office of Marjorie E. Bornes, Brooklyn (Marjorie E. Bornes of counsel for respondents.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered September 23, 2013, which denied plaintiff's motion for summary judgment, unanimously reversed, on the law, without costs, and the motion granted.
The motion court improperly denied plaintiff's motion for partial summary judgment on the ground that it was premature, based on the fact that depositions had not yet been conducted ( see Griffin v. Pennoyer, 49 A.D.3d 341, 852 N.Y.S.2d 765 [1st Dept.2008] ). Plaintiff, a passenger in defendants' taxicab, demonstrated his entitlement to judgment as a matter of law on the issue of liability, with evidence that, while it was snowing heavily, defendant-driver suddenly and without warning made a sharp turn and lost control of the taxicab, which left the roadway and struck a wall. Defendant-driver did not submit an affidavit in opposition to the motion, although he was the party presumably with knowledge of any nonnegligent reasons for the accident, thus failing to raise any question of fact ( see Soto–Maroquin v. Mellet, 63 A.D.3d 449, 450, 880 N.Y.S.2d 279 [1st Dept.2009] ). Defendants submitted only their attorney's affirmation in opposition to plaintiff's motion, which did not provide any explanation for the accident and, in any event, was insufficient to raise a triable issue of fact ( see Johnson v. Phillips, 261 A.D.2d 269, 270, 690 N.Y.S.2d 545 [1st Dept.1999] ). MAZZARELLI, J.P., SWEENY, ANDRIAS, DeGRASSE, RICHTER, JJ., concur.