Opinion
10-13-2016
Marilyn ALVAREZ, et al., Plaintiffs–Respondents, v. Jerome BRYANT, et al., Defendants–Appellants.
Shearer PC, Locust Valley (Mark G. Vaughan of counsel), for appellants. Pollack, Pollack, Isaac & DeCicco, LLP, New York (Kenneth J. Gorman of counsel), for respondents.
Shearer PC, Locust Valley (Mark G. Vaughan of counsel), for appellants.
Pollack, Pollack, Isaac & DeCicco, LLP, New York (Kenneth J. Gorman of counsel), for respondents.
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered July 28, 2015, which, in this action for personal injuries arising out of a motor vehicle accident, granted plaintiffs' motion for partial summary on the issue of liability, unanimously affirmed, with costs.
Plaintiffs established their entitlement to judgment as a matter of law on the issue of liability by submitting evidence showing that the vehicle owned by defendant MJJ Service, Inc. and operated by defendant Bryant rear-ended the car in which plaintiffs were passengers. Defendants' opposition failed to raise a triable issue of fact, as they did not proffer a nonnegligent explanation for the accident (see Chowdhury v. Matos, 118 A.D.3d 488, 987 N.Y.S.2d 132 [1st Dept.2014] ). Defendants' assertion that the vehicle in which plaintiffs were riding stopped suddenly in an intersection, does not warrant a different determination (see e.g. Morgan v. Browner, 138 A.D.3d 560, 28 N.Y.S.3d 594 [1st Dept.2016] ; Malone v. Morillo, 6 A.D.3d 324, 775 N.Y.S.2d 312 [1st Dept.2004] ).
We have considered defendants' remaining arguments and find them unavailing.
TOM, J.P., RENWICK, MANZANET–DANIELS, GISCHE, WEBBER, JJ., concur.